Record P — Nye & Nissen v. United States (No. 228)

Supreme Court brief1948

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{

x Testimony of G. Wallace Rynerson.)- ee

-of case, it i the same,

& . j ad . a ° ; ”

ye & Nissen and A, Moncharsh

oA. If you are referFing t the mar nae’ nid t ty pe

QQ. W Hl you look» -at the nail holes: on ‘the hex

itself and tell me.if that is typical of the box itself

of these other boxes? 7) ; ?

A. There are a couple of init in here and nail.

hole there that might ‘confuse: the issue—I don’t: —

know. ;

~—-Q.--. There . isn’t any question, in your mind, Mr.

Rynerson; that this box, 129, -had been opened and .

a top taken off and another top plac ef “on. it, or the

~ same top, at another" time, is there, a ee looking

at-it? |.

A. I think it will be difficult ae nut it ce k and

put the nails in exactly the same. holes, Gane aa oh

-Q. When you found that diffigulty existed, Ww ur it

conclusion would you reach ?

A. I don't quite undersf: and. your question. a?

Q. In other Words, vou find, a condition whe re if

you try to put this cover on it is apparé nt it won't

fit on: other: holes on that hox—— -

Mr. Piatt: Just a minnte, he didn’t testify—— -

Mt. Faulkner: © We will start all. over agai.

Withdraw the question. Bee ae ert

Q. After you look at this cover and look: in this .:

box, it is apparent to you, is not, Mr. Rvnerson, that”.

you cannot put that gover on that box and: lise “all

of the nail holes in. the. cover and in the. box? ys

A. 1 aon't. quite get your meaning exactly, If

you were putting. anew cover on‘there vou: couldn't

pound the nails hack in the: same ¢ holes. es

. .

ee we eee

23 iw.

0 Says

Sore : v8. U wited State s of se 3 $ 2001,

' inc ” , 1"

seta

( Testimony OP TWA ace Rynerson.)., SoA

Q. I am askin you iF yousgill ibauayes

this’ cover on’ this particufar box. “Tha is apparent >

that” this cover will hot. Use all of thie nail 43 s dud

nails in this’ box aus it now appe ars, isn’t thet: ¢or-

rect, in the position in whi¢h they appear?

ss ae - 7 you will allow for ‘alittle warping, they

will coincide. pea '

-Q. These covers were in one piece, weren't they,

Mr. Ryne ‘son ? : A. -¥es. £1803].

~~ Q.° WW hen you make this box with one piece, with

each piece flush with each other, will it take up. all

the nail holes in the Soyer and in the box?

' Mr. Pratt: ep § object to that. . a

~The Court: = T he box is here for. the Jury. “4 will

sustain the objection. Proceed. |

Mr. Faulkner: Exception.

Q. At any time when you were down there on

November 3 or 4 . - you examine’ any butter?

A. No. trees) . Pee er x

Q: Did anyone examiné any butter i in your pres-

- ence? —- No.. a rs ae ,

Q. Wi as any butter removed from the ship. by you

aga food and drug inspector, ed Mr. Wirth or-by:

Mr. Bradway ? |

A. JT don’t know that Mr. Wirth or * Mr, Bradway

-renioved any: I know I didn’ 5

Q. In your presence? .- A. No.

Q. You did not even look at the butter on the

Ww illiain Clark? A: No..-

Mr. Faulkner: That’s ail:

2002. Nie & Nissen and. A, Moncharsh ee

(Testimony of. G. WwW allace Rynerson.)

tee Redirect Extmination, Siar.

“Mr. Pratt: Q.. Just one mone question, Mr. Ryn-

—egson : In your examination of these eggs at these-

various times, what funetion were vou seeking to

per form? |

> ee U nder the Food and Drug Act, we seek to

bring about seizure of unfit food or prodiiction of

* those. that ship in. inter -State commerce.

- Q. When yon say . “unfit food”, what do you’

mean - by that? [1804] , igor

A. Food that. is filthy, putrid or decomposed.

Q. Unfit, for human eonsumption :

A. “That?s. right, heat ae

Q. The record you made of rots-in the ONE wine

tion of these ten eases, did you personally examine

all of the eggs that were denominated as rots?

. A. Ves, I did. |

& 5 a “ ime ay KE eos

Q.. When. eges were indicated by Mr. W. th as

having been rots, did you personally examine all of

‘those eggs?

A. 1 examinéd the mas he can dtd ees exec pt.

for those I candled my self.” -. saw each rotten egg

he handled, oo ee

Q. Each rotten egg? ‘Coen

Q. Was that in furtheranee. of your functions as

a food and drug: inspector ? A. Yes.

, Q. Now, the remaining record that you made of-

eces- in connec tion with the examination ther e, the

record that you have in this book, is that the r aad

of the joint activities of you and M 7? Wirth?

A. Yes. he

Mr: Pratt: .That’s all.

‘ on

-“ bo

vs: Uinited States of Ame rica. “2003

(Testimony of Gi. Wallaée Ryherson. ) Se ee

“ Ree ross E xamination

‘S | |

Mr. k smlknes Q. Mr, Rynerson, having in mind

the purpose of 4+eur presence: down there subse-

quent to the work you did. was any. administr: ative

hearing of any. kind ever held by the Food and Drug

Division of the United States in regard to this ship-_

mentof eggs? A. No. |

Q). ‘Was there; any pees civil or e¢riminal,

filed by the food and Drug Division against the fir m

of Nye & Nissen, or [1805] any other person, in. re-

: lation to these eggs? 2, et ee -

Q. Was there’ ever ‘any seizure or libel? ear

A. No. i 5 ie ig

Q. Was there ever ‘any seizure or libel?

A.- No. : ; on a

Q. Of any of tice iment : A. No. |

Q. Wasa sample of any of the eggs ever taken

by you as a, food ‘and drug inspector ?

A. By sample do you designate as a sample any

such examination ak |

—Q. Pardon me? -: ae Pakopre

A.” There was no physical eggs taken out as a

sample and designated. 8s a sample.

Mr. Faulkner: : That’sall. . fe 3 eke

F urther Redirect Examinati on. ca

Mr. Peaiee Q.- The iiedible ege’s were all de-

stroyed, weren't they?: © AL, Yes.”

Mr. Pratt: That's: all. . ey -

Mr. + Faulkner: . T ‘hat’s all. |

~ Bd

| Pt TA

2004 | Nye &: Nissen and A: Monvharsh

H.W.BRADWAY, © >

called on behalf of the Gove ‘rnmeint ; sworn,

T he Clerk : Q. W ill you state your name » to the

Court and Jury? A. ~”. W. B ‘adway.

Direct Examination nage eee

Mr. Pratt : : -Q.- . Mr, Bradway, where do you live?

‘AI live near Los Angeles.

_— 6

Q. And your ocetipation 2. wat bh =

A. 1 am an agricultural inspector [1806] eni-

ployed , by: the Agricultural. Commissioner of Los”

Ange ‘Tes C ounty. = :

Q. How long have you occupied that position ?

A. I have sinee July. 1, 1930.” \ ie =

Q. Almost sixteen’ years. - A. .'Ves.: - |

Q. What has-been vour exper ience in connection

‘with the- examin: ition of eves and the determination —

of the grades of eggs? Le .

A._ I have been Agricultural Stand: rdization Tn-

spec tor for more than eleven, yea

_ Q. What has-been. | your experience dn: th cat-

a ag

dling of eges? .- : ; }

A. 1 have-candled. eggs. every working da. LV dt r-

ng: that time. ¢ |

Q. For eleven years? - -A. -Yes, -

a ee helieve 3 you: nevompanied Mr. Ww irth and

Mr. Rynergon’on the thiril“of November, was it,

1948, to Long Beach, to’ the steam ship Willan § .

Ct: irk, is.that right ? A.\ Yes. ae aoe

Q. What dit vou do on that accagion 2

i oe e went on board ship: and we conti voted the

us. Uyited States of America

(Testimony of A. W.. .

- steward and went inty the. bila of the ship, into one

of the holds. where there were some, eggs stored..

Bradway.)

Q. How many cases of eggs, were ther 0? m

A. There Were forty

| case: which hail been broken,

sen’* stamped on them.

: hor e the 8737 number;

a Q. Do you know. show those

“All of the ¢

other cases were unmarked:

eases: “unopened and one’

‘ases were broken?*

of. Some: of the cases had the name-“*Nye & Nis--

CASS. which-l Saw +

-Q:. Did they have, the word ‘Medium’ “on them?

AL Soe cases did,

'Q. Was there any

case s? mae 2 No,

Ves.

piper label

Q. Was there any: Goverriment stanip ‘of. any

a sort on any Of these eases? A.

No, :

on any of these

Ns,” W hat examination vou make of he Cans

that ‘vou say were there, Forty: «

‘ase?

cases” pls ) partial

A.. We hastens one entire case and we candle

fifteen dozen from each of the five. wother cases.

‘Ge Q. And what were

ord. at the time.

found! ?

A. Exce om a copy that was taken from the origi-

. nal rec “ord.

the results?

=: A. -I didn’t memorize the results: We ik ept a ree-

Q. You have ro record pe rsonally of what vou.

f - Q Dawe of vour original record? Pere ee

“myse af. oe

A. = hat was made by Wirth and. Ryner son and —

wey

wee

j , ;

es ,

NS .

en”

eee 2

| 4 : * a a 0 ep 4 m ; ; ., |

2006 Nye & Nissen and A. -MFoncharsh

a : :

-(festimony aie: ae a Bradway. }

RE. * ‘Did that record express _ — of your

candling ? : A. ‘It did.

~Q. Who candled ‘the first’ case in, which all the -

eges were examined ?

A. I did-the manual part of the malta:

Q@ That, is, you personally examined every egg?

ie A I personally handled each egg |

-. Q. Are you able. to state what. the result was of :

that candling? | |

7 A. T would have to refer to notes.

@. What is this paper that.} have here that I am.

~ handing you? Is that a record that you know any-

. thing about? |

A. That is not in my handwriting.

Q. ~ Dox you know anything about. that record?

A. No. 5. cat eee eg

Q. That is another case ? 7 |

A. That is another case<) |e '

1 direct your attention to this paper, which:

~ _is Defendants’ Exhibit for Identification A. H. Are™

you familiar with “that paper?

A.. Yes, this is the copy, of our: findings at that

__tine,____—— Se

Q. Who made the record of the findings? -

A. Wirth made the record on, the first case, and .

I made the reeord on the followi ing five examina-

tions. Coe ae asia a ee

Q.- f ‘call your attention, also ta this notebook,

Mr. W irth’ s bok, whith is marked Defendants’

Exhibit A-K for Identification.

Mr. Faulkner: That is Mr, Rynate’s book. —

‘_—_—

‘

United States: “of. Amer rica , 2007

.. (Festimony + mir WR r adway, 47

Mr. PP Tratt: WW here is Wurth’s book 4 ? [1809] >

_ Mr. Faulkner: Some place else . ae es

Mr. Pratt: Q. 1 catl vour atte ntion to this book

of Mr. Wirth’s:” Does that contain any reeords

-made by you? ~ Bi ‘ Ged

Ay ‘This from here wn is in my handwriting.

Mr. Pratt: The witness has referred to Defend-.

ants’ Exhibit AG for identification, a page which

, 1 will ask the‘ ‘lerk fe mark as’ Government’ s _Ex-

‘hibit for Identification. — -

(The page in question was the reupoti markéd '

'U, 8. Exhibit 135 ‘for Identification. )

Ma Pratt: (). Did you refer. to this’ paze that °

has been marked Exhibit. 135 for Identitieation’ and _

_the succeeding pages? -—-A—¥ts OS”

> Q. How many succeeding pages? :

"A. Case No-——

~Q. How many pages there ?

A.. Up:to and ihelnding three. pages,

Q. Three pages? cute See. Sie

Q. Those : are notes vou_made—yourself——

ES Yes, t¥

Q. —of thé candling there on the steamship on

‘that third day of November ?

A. Yes, they are.

Q. Will vou tell the aaa 4 of the candling as

your recollection is refreshed by the entries you |

‘made on this paper?

Mr, Faulkner: We object to the question as too

general, your Honor. In other words, Mr. Bradway

2008 Nye Nisees:- and, A. Moncharsh

i (‘Testimony of H, W. Bradway.) |

candling one case of eres andl the recyrd Was: Made

by Mr. Wirth.

. The Court : He made this reco, he said. ; oe a

testified. [1810]: |

Q. Did vou make this record 2 ace ;

Mr. Faulkner: He did not do the: candling.

ae Court: Q. Did you do the candling ?

5 -Qn C ‘ase No. 1 T did the candling and Wirth |

sds the record. :

__ Mr. Faulkner: -1 do not “take a point on that,

, your Honor. In other words, Mr. Bradway candled

the‘first case. But my objection is he ean only state-—-—

the fact that he made a record of what Mr. Wirth.

__ did. He did not eandle those eges, ‘ :

do in: relation to the rest of. those eggs?

AY 1 saw every - egg. :

Mr. Faulkner: He: has ‘not testified iis eandled. :

every egg. Of course, he saw every. egg. |

*“ ... he Witness: : I did not do the mechanical w ork

of candling each egg. wate!

~The Court: Tell the Jury: what you did.

_Mr. Pratt: Q. ‘On the first. case

“A. On the: first. ease. [ candled every egg of the

three hundred and sixty in the vase,

Q. With what result? ._

A. The results. were. three. addied eges, ninety-

six Grade B’ S and two hundr ed and sixty-one Grade os

C eggs. ; tes

Q. -_s the: other cases of ges, the five other

~The Court: © Q. What did ¥ou and Mr. _ Wirth Yee

via ess

ttt ete he es ae

VE TES PR an, Pe

Sin

Cy ‘ted States, of America - 2:

. r -

(Testimony of i, NM. Bradway, ; RR ee gt

CASES, half of which Wete examined: you “say. vou ~—

look at every eget «>A. Ves. / :

; What was the ws, f yveur inspection of

tinke eges' as ree ynded hi you at the time? fst i} -

-Mr. Faulkner: -No foundation. laid: for a record

‘of the candling, your Honor. The witness has«said g sy)

he did. net candle them. He looked at the eggs but

, ax addled eggs, twenty-nine with mold inside ‘a

- he did not eaiidle theni. Mr. Wirth has already testi- ‘

‘fied to the results, of that candling, the man—who-

did it. ee ze eae a

T he ( ‘ourt:, Q@. Te i the. jur y what you au with: ;

Félation to the eggs ? is : . e ae

pe stood at Mr. Wirth’s. albow.. and as: he.

candled the éggs, handlefthem in, his. hand, 1 looked

* \ Seat oer . pei,

at each egg: and we made a record at, that time of

_ tach egg. 7 , ma

Q. ”. Anil with what results? — . a By

ee Tlie results on Case No. a were six’ /addled

eggs, nine spot rots, thirty three Grade’ Band. ene

~ hundred. and thirty -two Grade C. 6 ;

| Q? TRat is.in a half: ease F Bie : : be ge sre

eae That is in fifteen: dozen eggs. . | t

Q. - Now; the next ease, what was the résult ?

A. We eandled fifteen. dézen .eggs. The result ;

was three addled eggs, twenty-three moid, ten spot.

rots, twenty- -seven Gr ade B, and one hundred and.

Seventeen Grade €. | reals -

Q..:. And the next case? 4 4 | ae Wa)

A. That was also fifteen dozen. The result. wa .

agente

—_

——_

oe processed eggs?

‘2010 Ny ye d& Nisscinr onl A. “Moucharsh oN

eee a a . t

Te Stony 0. . (Brady "2 i ait eae eae |

shell, five oa rots, twenty ‘Grade B, ind one hii-*

dred and Ewen ity Grade C oe Sor SERS a echo a

i And thie gue xtone?} z ee |

ee hat also wits fifteen do ~ Tandled. We: have:

Q. ‘And the next one? AG

A: The next’ is No. 6: We have jams addled,

“three spot rots, one with. mold - inside. the shell,

forty: =snine Grade B, and. one uindred and twenty- 3

tree. Grade C.

Q.: Those were all the eggs that you examined

Q. As to the character of these eggs, were hey

A. No, they were not.

. Q? How do’ you know f

A! Beate there was. ‘no résidue of oil on the

shell.

Q. ‘From you examination of these eggs can you |

State whether they’ were storage eggs?

_ A. ‘Yes, _they had heen held’in cold storage.

% OQ. Can you state from your examination’ pf

the eggs = approximate. time they were held in

-soraget- tenes ten

Mr. Waulkone: Saine ‘@bicction made to. this line

‘of: examination as made when My.. Wirth.was on,

the stand. This witness is not qualified as an ‘expert |

—~“in the ‘refrigeration line. | sie pers

‘Mr. Pratt: He has qualified as an expert. in the.

: handling ‘of eggs for a" jong period. of time, ‘bet I

* o&

(1812) &,

| .

on that occasion, Mr. Bradwat? ya <a

—¥

ee a saddled eggs, oné-spot rot, one mold, fiftr- one’ :

« Grade Band one ae and twenty- three Grade

= ate

STARE SER ii PE ie ae Ae

ire). gui aiekt,

SPUN ee ROP ERNEST RARE NER Pe SUS SA

pat

ey es vi ni ed plates of Am erica 11

coon ree Maar es ene

ot Testimony of Te Wee Bkadway.)

_ Mill qualify: him further. in that fener. aif your

Honor thinks it nevessary. | 5 patentee ee

et es Mr. Bradway, whatex] xperiene e-have Vou hid

incompertion with the handling, the. observi ng. yf

eggs. that’ have been ‘in storage ? es

y Se T have * obse r'Ve ml storage eggs: during the’ en. as

” tire storage. season Pach vear stnee T, have heap...

Egg Standardization. Inspector. ‘IT. have. made tests,

T have hafidled: eggs, pli ved [ 181: 3]. eg gers in Storage

and held the ny there; as long as a Fear ‘and obsérve d

them once a month or two months during that en-

‘tire time. : ies

9. How ean vou, tell whether eges that you ex-—

: “amined have been i storage. fir a considemble "

period of tinie ? i eeoces CaS aia Sore

A.. One indieation is a broadening of the air cell

band anda eliscoloring of _the albumen Of the eve;

| also. a ‘flattening of ‘the yolk and: the - chalazae tig:

comes disto1 hed.

Q:. The what? |

A.. The sree becomes distorted.

Q.. How ‘do you ‘spell it and what does it mean #

A. That’is the rubber band/ori each end of the

yolk—that is to“ say, a rubber- like substance that -

_ ¢ sukpenda the: volk- some place near the middle of

- the egg. - |

. You have. noted the ‘fact that’ theve were

__ Spot rots among these eggs. Ts there: anything i

‘that fact that has anything to do with your ins .

ment in: determining whether they have been.

storage?

CP;

° ¥

ee pe r~ o fe Zu isha .

20120 Nye ad Nissep and A. Moncharsh a a

| Testiniony oof ‘EE: “W. Bradway.)”

A. Thitt- is one of the de feets. ‘that we’ find in Cups

that~ have_been held in the, SaIie position over a.

long period of ‘time.

3 Q. What alo VAT tnean hy a long period of time?

aw le A. Well, ov Ps cared of ‘seve ‘ral menths..

fife Q.: “How long: were these eggs’ in “storage, to the

hest of “your judgment 2s gs

“A.. I didn’t understand the question: -

~ The Court: . Read the questiof. | Se

(Question read). ° | [1814]

- r. Puatt: Q. How long in? vour opinion had .

Pe eggs been in storage ? |

+ A. More than six ‘months.

Mr. Pratt: Cross examine.

> Thé Court: Is'there any hope pf getting through a

' with this witness? | & ,

~Mr. Faulkner: No, your Honor.

‘The Court: I will excuse the jurors until ten

o'clock tomorrow morning. ‘Keep in mind the ad- |

-monition of the Court. You may be excuse.

(Thereupon an adjournment was taken ‘until

“tomorrow, February 27, 1946, until ten o ‘clock |

‘ a.m.) :

4 = F sar iP eee y

ee - Pe. “wikia States af America ~ * QORB--.

. @ » ; 4

‘. ae Beane ay, fe pruaiy D7, 1946, i0: 0 a.m,

4 . The ‘lerk: ct nited States v. Nye & Niase nM, on

Ez trial. eg : s :

= . The Cc ourt: Do: vou waive Syoll call, stipul: ying

3 and agreeing that the jurors are prese nt? Proceed,

ya eee 2%

iy + H. W. BRADWAY, 4 a gr

recalléd ; ate}: s x ete ye

§ e ~

}

Direct. Examination -( resumed )

“Mr. Pratt: I have a toupile of. more questions,

Mr. Faulkner: V ery well; T ‘understood vou

‘were through. a ae

terday g giving in each of: these cases of eggs you:

CXi whine’, te number: of Grade Beggs and G oe.

OC eggs. Did you find any A eggs? A. No.

.Q. Or AA eggs. a No.” rs

Q.. From your examination. of these cases of eggs

could any of these ¢ eggs, from your: o-nePionce, iss

. been AA eggs within a. period |

- Weeks? A... No. ‘they could Hof ae

Mr. Faulkner: _ My the answer go out. until I

object ? Tn other ‘eieeds, _that- is an ultimate fact,

RTE RETIREE: SEAT STATA RCS Sih WIT TERE ph SIONS) BAL sp ea aE.

-iwo or three’

stand it, the. Court has ruled of this: ev idence is

. in the early’ part of November of a condition that.

he saw of certain eges. Our position, as your Honor:

knows, is that. von cannot have a backward assumip-

tion. They have gone further with that assuniption.

= %.

e ee

ait

your Honor. The theory ‘under which. as | Mingter-

- Mr, Pratt:: Q. . Mr. Bradway, vou testified Pain

that the Witness is per mitted to express ay opinion

YH ¢

- ment of the jury.

- ‘

aes a0 \

oS. & ..

Pore | Nye d Nissen anil A. Moucharsh . \ ae

4 Test imon' fof ae W.. Bradwa ao

_ They ask thé opinion of [isisy this: man of the

ceonidition in November. Ther they ask him to eXx-

press - an opinion, which is a fact. for the jury “to

-deterinine, whether the condition in November. was -

-the condition at the time of delivery. ‘That: is an ult-

imate ‘fact in this case for the jury “at some phase too

determine. The witness’ has given an opinion as to

the quality. of the eggs on November 3rd. He has

ta'd w hat he hag,done, and _ your. Honor per mitted it

over our objection. Now they. go further cand: they

rant. him to mvade the province of the court and

jury: I submit the condition of the eggs at the time

of delivery is to be determined - “hy the jury from

the facts disclosed, not the opinion of a foan as to

what their condition would have been at- a. prior

time.

Mr. Pratt: “The cays way the jury can determine.

theultimate faet. is from the evidence and from the

opinions of experts whe are qualified to testify as

experts. ‘This witness is. ‘amply qualified as “an ex-

pert, and in the opinion, of the Governient he ‘is

qualified to answe r a, snentnon for the cenlighten-

—

The Court :« Read the question.

(The question and the ‘answer were read ee

. the reporter.) ; oat

The Court: The question bind answet may stand.

‘Objection overruled.

Mr.: Faulkner: Exception. :

‘Mr. Pratt: .Q. Mr. Bradway, you ‘bab testi-

fied, as I said before, = these eggs whic al you ex-

4 W

Petes to Bd

“ .

Pens PUNE Yc ee ie aE >

Te ies bs abn aha jer et ei eae nin, ie a certng

Hnbon oes

3 .

‘\ 7 - 7 * g

oN i . 7 .

An de iv nite d Slates Ss of ; Ain Leried |, 2015

thy Peatnony of r VW. Bradway.)

amined, among the - [1816] eggs “which sere down

there whieh were 2 not rotten were cither rade ae or:

See

from: vour "‘expericnice as-an “expert Ww kether i eggs:

‘can be use “L to poach, or to. fry, or to eat as hoiled

eggs? eae

Mr.. Faulkner? We object. to that as incompe--

tent, irrelevant, and immaterial, and not ene of the

3 Issues in this ¢ ise, whether you can poadh jin egg

gr fry an egg. noe oe S

.My. Pratt: - 1 think, it isa matt@’that is among

the issues in this case as te fhe character of eggs. fn

the first place, the invoice. of these eggs issued hy

Nye & Nisse nto. the Government describes. them

and charges for'them as AA Proe essed ¢ CEES, I think

| We ave entitled —": - rai Pe

The Court: It: doesn't matter W hether the Vv are

edible if they are not what. they were re presented

to be. -

“Mr. Pratt: . Well, that is true.-vour Honor.

The Court: TI will sustain the objection.

ots J ‘ @ oe per ;

Mr. Pratt: Q. Did you testify as to the mark-

~ings*on these various cases? - A, Yes.

Q. What markings did you ‘find on the m?

A Some of the cases had the word “ Medium’.

stamped on, Other cases had “Nye &. Nisse n.”’ All: |

cases had the notation, 663737. sd

-Q. The. number, “ 3184," stamped on each ease?

Me Ro es

Mr. Pratt: That is all.

Ren

ein those. CASES, did you?° .

“2016° Nye id Nissen and. A,. Moncharsh 7

(Testimony of ET AW. Bradwiy.)

CC LOSS Ex: mination: |

Mr. Faulkner: Q. Pon testified vesterday, Mr,

Bradway, [1si7] i in describing these cases, that

some of the cases had the words “Nye & Nissen”?

stamped on them, ‘All cases J saw bore the 3737.

number and other cases were unmarked.” Whieh |

were. the unmarked cases that you saw? 5

ne A. tS don’ t know the number of unmarked e: ISes,

but seatterc’ through the shipment were cases

without any markings except the number ! TES |

"When you testified yesterday you did not—

Mr. Pratt: Oh, that is

~Mr. Faulkner: . Just a. ‘minute. : have the page

right here. | ear

Q. You referred yesterday to “eases that were

unmarked, did you nat ? A. No, I'did not.

-Q. Yon did not. All right. You have testified,

Mr. Bradw ay, that you have been a ‘county en -

ployee and an agricultural inspé@tor eniploy ed by

the Agricultural Commissioner of - Los, Angeles

County. A. That’s, right: YS oh

Q. And.in which capacity and work, J assume

that your work,ealled you to pe rform fue tions of

. ‘whethe r or not the State of .C: slifornia Jaws in ré=

“spect to the quality of certain food Stuffs are op-

- served; is that correct ? : ;

‘A. The quality and that grade specifics itions of--

eggs are observed. ess Be

Q. In ‘that, exper ience eyou have had a: great

————

ms Pee ae ee

Py .

us. United States of America 201%

“ “va. ‘ ‘ = @ eee ° f , :

(Testy Pony fA; \\ ars aN a.)

many oeAsions to examine the quality of eggs pro.

duced hy various companies, haven't yout

A. Yes

“Q. Sissi instaites vou find the, quality is as

claimed by [1818] the seller and in some instances

-you do not; is that cofrect? °° A. Ves.

— Q. Tell- me, on an average, prior to November

3rd, how often you saw and observed eggs that were

put out by Swift, Armour, Wilson, Poultry Pro-

ducers Association—withdraw that. How many

firms do you know of, Mr. Br adway, that were: en-

gaged in the sale of e&gs and purveyors of eggs in

Los ‘Angeles County in the year. 1943, what com-

panies? ° nas

Mr. Pratt:.. I object to this on the grognd I don’t

see its reve ane ‘v. It is‘cert tainly not within the range

of direct examination. It seems to me we might get

very far afield on this line-of.examination,

Mr. ‘Faulkner: ° I want to determine what type.

eggs he has ex xamined to determine quality as an

expert in this case.

ees Court: For that jimited Durpose will allow

. You may answer. P g

There is about 35 firms that operate regu.

larly around Los Angeles. re,

Mr. Faulkner: Q. That is, in a similar type to

Nye & Nissen, you mean? . >

(QQ... How often per month ocala. you have to

examine eggs as to quality ‘produced by" those 35

firms, or any of them? See ty a?

AL Well, T mean as wholesalers or. sellers of

eggs.

¢ tee, . -

- ; .

2018 .. Nye cf: Nissen and A. Moncharsh

: : cabins of rE. Br ndway. x ie \

A. Well, as I ae vesterday, my entire time

is spent on egg inspections. [is19). -

‘Q. What proportion of the time Wworgl you find

eggs that did not measure Up toe quality 2

A. I can’t tell you as to that. 2 | |

Q. A. great many, | Shree een ty te ex

A. ‘It depends on the season of the year. . ede

is concerned, 1s when? ? ; ;

> A. Generally in—well, there are two. low: sea-

sons, renerally along ahgut the month. of" July to

» age

‘4

Pied

733

HHS

D -

“September is one pf the seasons. 6 3.) | EB

Q. W ould you ‘say Ov tober ? ¢ e g

A. No, L wouldn't say _ quite that, late in the. - 3

year. ; role | re 2

‘Q.. In your “experience, gained by vou, from Fi

July to September would be: a period when eggs .

are at. their lowest quality, is that correct? . ; ‘

AL That is correct. :

Qs That would be. the time when you would find

the greatest _ ‘violations, is that correct?

A: Well, [-don’t know. f don’t remember as to

that. at sake

-Q.: ‘About on an average of how :many_ viola-

tions a month ‘would you find in the area you cover.

of the standards of the State of Caliform: a, Mn

respect to.the sale of eggs.

Mr. Pratt: We object to that question,

Mr. Faulkner: -T want to find out, how many,

and I want to find out what he did to determine

them, and | want te find out- )

us. Untied Siates of. Amereca 2019

CPestimony of (1. W. Bradway.)

The Court: Read: the question. «

(Question re, ad by the reporter)

The ¢ Sourt 3 OW jection sustained. |

Mis Faulkner: Exception. — } _ [1820] .

Q. On how many occasion is prior. to November r

3, 1943, did you have oteasion to candle any ges

produced by any company for the purpose of deter-

mining their quality in the six-month period - prior

to November 3rd? p= :

A, During the entire SIN months ?

Q. Yes. | pe

Ac would’ bs approximiately 1500.

Q. About 1500. When you had examined those

1500 instances in which a question would arise as

to the quality of the ¢ egs how would you candle

the eggs?

A. Depending on where the inspection. was made.

7 & W ould you candle them with a light?

A. Yes. cry

-Q. Did you a keep. records of ‘those candlings %

‘A. I did:

Q. In this case you did not keep any record,

did you, Mr. Bradway? — ONE P lee

* A. The one record was kept of the ‘candling,: by

* Wirth and I at the time the” inspection was made.

Q. Mr. Wirth is not employed in oe same de.

fartment that vou are, is he? ; =

A. His duties are same as mine. He is a food

inspector for the State of California. |

Q. You are a county employee ? 7 “A. Yes,

se as

2020. ‘Nye d& Nissen and A. Moncharsh

(Testimony | of i: W. Bradway.)

Q.- Did vou, as a county employee, prese rve any

record, did you, by yourself, in respect. to this

transaction? © A, No. | —

Q.. You wotked in ‘conjunction ‘wills, the Ste

inspector, is that right? =A. Yes.

Q.. You know,.do you not, Mr. “Bradway, that

the statute of the State of California requires on

any occasion when there [1821] is any apparent

violation of the State Agricultural @ode for eggs to

be candled and for samples tovhe taken, don’t you?

Mr. Pratt: 1 object to: that. 1 cannot: see. any

relevancy to. it, 3

Mr. Faulkner: Yotr Honor, here is a transac-

‘tion that’ has been. going on for several days in

respect. to the W itliam Clark. : It was never men-

tioned in the indictment. It. is not the subject.

a iter. of any_subst: vativecount- -It-is one trams-—° 7”

action out of, | would assume, ray he 50,000. trans-

actions which teok place during. the period.” T-he-

lieve ginder those circumstances that-I am entitled

to have as accurate a picture as possible, and Tam

entit! ed to show how that transac tien occurred On

the 3rd of Navember which ‘issmade, much of in this’

case, aman sees the eggs right off the boat, charged

'- with the: duty of enforeing the law, and. after a

complete examination made no effort or claim that

any rules law, regulation or ‘statute was violated:

The Court: Read the question. ears

(The question was read ‘by the re eporte Si

The Court: 1 will sustain the objection.

Mr. Faulkner: Exception. |

Ct OT RI TLS Ee em ve

EES BR RRA? Ee oe SEAS Rie

EE PRS IRE SRC Se RN Oa A Oeste SWS. a Bae AL Bee oN

;

Clark.

its Cnited States of America 2021

(Dautimaty & Of H.-W. Bradway.) 0s

Q. Did you at any time in “COHMECTON with the

transaction relating | to eggs on the W illiaun Clark

take any sample of the eggs ? ; :

A. Ldidi't take any away from the Ww iam i.

Q. 1 mean the evgs that vou have » referred to.:

A. 1 did not [1822] retain any samples.

Q. You took ‘none of. the. eggs? -- A, No.

Q.. Was any charge of any kind placed by you

against the firm of Nye & Nissen in relation to that

- transaction ? Trin No.

Q. You have testified among other things here,

Mr. Bradway, that the eggs that you saw and ob-_

served were not siete Am I correct in that ?

=: Y es, Peo . ee ie oe

. Q. -¢ Can. vou te roeessed egg Trom a natural

“egg? mee. ° Ten i can. ar

Q. How do you tell it?

A. I tell it, by vistal ex amination.

~Q. In respéct to visual examination, if you could.

tell. it from visual. examination could any other

person. teH it from visual: examination ? eo

A. I don’t know as to that.

Q.. Describe to’ me how, when you have a " pro-

cessed ekg int one hand and a natural egg in the

other r, what you will look: for in ‘the® proc essed egg

to in it ‘from the natural evg?

T look for a residue of oil on the shell..

> Do you find’ a residue of oil on a processed

egg after it has. been processed, weavil say, for %

period of a month? - AL Yes, you do,

% ° ¢

g } ee 4 our “ - a x

.. 2022 Nye d& Nissen and. A: Mohicharsh |

(Testimony of H. W. Bradway.) Cee |

— Q. ts that the natural conditicn of the ‘pro- ‘4

cessed CBS, and would be apparent on the egg, itself, |

that residue of oil, that is: _e to your eye? :

A. ‘Yes, -it ise ge Line ae ey

Q. If you look for oil on ay egg and found it ‘ie 4

you vould - reach the conclusion t that: it Was: pro- . :

cessed, is that right? . a

A. . Under certain conditions, ves. [is23y* : B

—Q. Uf you look for oil on. the ege and you did

not find appearance of oil oy the egg what would ,

-your conelusion be then? % 2 —o ‘

A. If there was no residye on the shell? q

Q. Yes. - | ne :

A. I would Say was thot a “processed egg.

"Is the there rani: ‘else except visual inspec-

tion upon which you rely in respect to dete rmining

. whether an egg is of is ‘not processe d? | |

A. J rely on the use of the candling hght.

(). When ‘veu hold the egg to the ¢ ‘andling light,-

. _deseribe as fully as you ean what the jury or the

eourt would find: on candling a procéssed, egg that

you.would not tind in candling’a natural egg?

A. Under. the xandling light the dried residue |

“of oil leaves a sort of ‘mottled appemrance of the

shell. ON es ik ad re ee San

Q. A mottled appea rance to the shell?

A. Yes. It isnyery distirictive. oes

» Q. Pardon me? papier | Ms /

> AL Ttsis very: distinetive. rigs : =.

Q.. Very distinctive?” = A. Yes.

. You don't require any microscope to see it? |

mining

vs. United States of America ; ‘ 2023

(Tedtima:iy of He W. fretwer.)

A. No, : :

: Q. a other words, What vou would ¢ xpee t to |

fin” i we had two eggs here, one processed and

on eae aid a light, that: condition which you

_ have just ‘described would be just as apparent to

the jury, for mstance, assuming they, have eyeSivht

us good as .vou have? . =

As It would be: apparent to.anyone, with ex-

per ience. : oe fee ee eaters

° Q. » Anyone: ate ewe © With experience, |

QQ. WwW hy do you. have to have any’ experience to

find a. definite [1824]. thing in a eafdling: light ?

A. I presume an- inexperienced person might

not reeognize w hat they saw/ They: “would see the.

difference but might not recognize it,

Q.. 1 would like you to describe it as fully and-

_as completely as you can, what a person’ would:

: look for.

“A. I have already described the appearance.

_ Q. You have nothing: to add to it?

A. Not “as to that on. the question. of. deter-

Q: It is your view that’ 4 if a dozen eggs | were.

brought in here, six. processed and-six ‘natural, that

you would be able to pick out the’ processed eggs

as against; the natural eggs? . ° A. Yes.

Q. Is that correct? A. Yes. 7

Q.. You would do it by the sight and observa-

- tion, fromi-visual observation unaided by eandling —

‘the visual observation aided by the candle?

A. And by the feel. of the egg. .

-- 2024 Nye dk Nissen and A. Moncharsh.

(Testimony of H, W. Bradway.)

Q. What would. -your sense of feel actonsine in

relation. te the processed egg that would: not. he,

found in the case of a natural egg?

A. In holding the ege in the palm af your ional

apr ocessed egg has a little tendency ‘to stick ‘to the

-palm of a hand. Soe

ittHe tendency to stick? _ A. . Yes.

method that inspectors use to determine whether an

egg is proc essed. or not is by the use of lampblack,

or dropping them ‘into water; isn't that correct?

AA. Some years ago we did use laraphl; wk, [1825]

but-as far as I know it has not’ been used in the last

seven or eight years. +.

_Q. How about water? | AL. No:

Q. Don’t you use that,.either? | A. No.

Q. Whie h is the more aecurate method of detér-

“mining whether an egg is. processed, the lampblack

and vater method or-the method that vou have just -

described, consisting of the feel of the egg, the

observation of.the egg, and the holding of the. egg

to the eandling Hight?) ° - a 5

A. They are all. methods. of determining. Tn

this case the fact they were not “processed Was so

obvious: that I didn't use any further method.

. Q. I did not ask you that. + said whieh is. the:

more accurate method? ea

AL here isn’t any difference, ; : ef

-Q. What? A. There is no difference.

- Q. There is no difference. At the, time you were

down there you had seen a copy of. the invoice of

Nye & Nissen? “A. No, I did not.

‘As a matter of fact, Mrc Bradway, the -

—s aT ee

us. United States of America 2025

(‘Festimony of | % Ww. bradwe ay.

Q. Did you see it in the possession of Mr. Wing?

A. No J first saw that vesterday.

Q. At all events, in all of the transactions in

which vou participated, both in relation to the easés

of eges whieh vou candled; vourselt, and the cases.

‘of eggs which you Saw: Mr.“Wirth eandlé, and the‘:

eggs that you candled at: the firm of Nye & Nissen, :

or observed candled, ‘and: in relation " that whole © “

transaction vou did not make a single hote or record |

‘that the [1#: 26] eggs were.or were not processed, |

» did you? |

Wy dia . © Don’t ‘misunderstand mé: I did tot: eandle

ee any eggs at Nye & Nissen’s.._-/.

~Q. You saw eggs ic indled 2° J?

- A. No, I did not. . My entire {ransaction. vas at

eee time, the inspection was made on. board the ship,

and directly after that. ‘ 2

Q. Well, I am sorry. It was another - man wha:

said articipated in candling ten eases of CLES.

You had. nothing to do with that? Se Re ee eto ‘

_ A. Twas not present. =

Q. There were seven cases of ‘okaa.

A. There was one case and five part cases that -

Qs -

I was in. ‘

Q. In other words, SIX altogether? -

A. Yes. aed a f :

aap, ee your capacity. as an employee ‘of the

- County of Los Angeles, and working with the State

Department of Agriculture” man, either’ you. nor

«he ever made QE’ notation of any kind at the time

| you were doing any work in eepeet to those eggs ye

. “ .

° ®

2026 Nyedk Nissen and. A. Moncharsh

(Testimony of “H. .W. Bradway.) 6! totes

- on the subject. matter of whether they were or were

not. processed ? AL That’s right. © |

Q. How: did-vou happen tu go down there on

the. William Clark. on, Noventber ord f vines

My presence was requested: eee

By whom? ;

By State Inspector Wirth? 9. |

_ Wirth?” | A.° Wirth. eee

When whs it requested, what day?

On: the morning. of the 3rd. |

On the morning you went down?

Yes.

I went [1827] with him from Los. Angeles.

_Did-vou, or did Mr. W irth in your presence,

request Mr. Rynerson, of. the. Food. and Drug Ad-

ministritiony to acompany aa : A. No. se

Pe Did you, request’ him? *. A, Now. “ie,

* Mr. Faulkners, That ’ is all. and ie

ferereresrer!

‘ #¢ Fy * ote

> Redirect Examination: :

Mr. Pratt: -Q. Mr. Bradway, in determining

whether eggs have heen processed - or whethér they

are plain eggs; does it make any diffe renee how.

long. previously they had been proc essed, it that is.

7 the fact, if they. had been processed? a. A. No.

— -Q. © Yow can tell, then, no matter how long previ

ously the processing has been applied ? 3

A. Yes, I can. | -

- Mr. Pratt: That is all.

The Court: Nene, pews [1828]

. ‘ ; ‘ °

Then? vou met him down there, .is that right?”

° .

ere

. &

fii ie He Zs ODED ORS aad Lie Mat oot 0

MEERV MSE RS

LO ET Td ee

SHS oe

| Agriculture since Deceniber 1, 1924.

Us. l ‘nited States of merica He 2027

ALMO (i, AB Lh,

called on behalf ‘of the Ciceieaiua ‘nt; “sworn,

The Clerk: Q. W ilk you state your name 4

A. .Almo G. Abell. | c :

Passa | tis me on °.

fom

een Dire Examination

° Mr: P att» Q. Mr. on where: is your ‘resi-

dence ?

A. mene home residence, is in PORE

bra, California. De od Ion F :

Q. What is your oc cupation? 3

A. ‘In charge of the Los - poe Bae Dairy and. we

i Poultry. Branch of the U. S. Department of Agri- ce

culture on mspertion and grading work. ba

~Q. You are. a *Gov ernment employee then?

A. I am. ene

Q. “How long have you ‘been engaged in. a.

employment? : ae

A. I have been ‘wk the U. S. Dicsa tied of *

— Q. About twenty-five years or more?

‘A. “T'wenty-one. - RE

Q. Twenty-one year's or more, yes. And what .

‘is the nature of. your duties with respect iy eges in,

S particular? é

~ AL Tam in charge of the inspec tors in the Los

Angeles office, «and. also per form eg¢ Leer work

myself. + ae

. And ye m had expe renee in eandlin and: .

£ . ;

grading eggs, had you? ay

AL Yes, sir, about seventeen to eighteen vears.

Pid

ay , Sr |

- 2028 Nye & Nissen and A, Moncharsh ne

(Testimony at Almo G: Abell.)

Q.. Lit Nevember) 1943, 1 will ask you if you had

oceasion to v isit the ste: amship William S. ¢ Tark in

“the harbor at Long Beach, C alifornia ? i

A. Yes, sir. £ 2

\. Q. > With ‘whom did you got Sa 0

Be Ng. ayavk Gartenberg. ciseo] :

Q. W ho ‘is Krank Gartenberg ? > Who was indat

the time?

A:- ‘At that. time he was In charge of the Los

Angeles office, Nye & Nissen Company. oat

Q. + And. ee AR that you went at his reqfiest ? ee

You accompanted him to the ship? (= ius

ae ted accompanied him in tha tT was going to’

Long Beach and met him tie’ terminal, and so:

long af he Was going down there we dee ded to go

in oie, car. east &

Q.2 When you’ got to the reins the. W illiam S.

Clark,, what did you and he do? ;

A. We went aboard ship

beg ‘Paulkner: ~ This goes iit subject to our ge che

al objection, -yaur Honor. | 2D

The Court: The objection will be overrule d.

~ Mr. Faulkner: Exeeption.. ae

me We weit? “aboard the ship and the employees

ét. the galley were there, and, “Mr. Gartenberg hi ad

been asked to cheek on the eggs, and so we set up .

the candling light in ‘the galley.

Q. You put the candling light in the galley?

A. It was ‘up off the kitchen. - er

@. ~ Off of the kitchen. What did yeu ther alo?

“%

Py .

orm

oad

il lel

- .

in that paik or container?

. . Qs

( Tesrimany of f -Almo G ‘Abe tl. )

A. They had some eggs In pans there which the v

had heen using.

~—-Q. “You. mean eggs that had dee N, broke mn?

“+ AL. No, the eggs werein the shel] as wel] -

broke n’eges, but they had. eggs in the she Han jhe

pans, shell: eggs that had not heen broker, so. we

cheeked—eandled those. < eggs: to see what ‘the qui lite

Was,

Q. How many eggs were there at that time?

Uv nited States of Ame rica 2029.

AS te Aiffic ult [1830] to say. ‘There awere.

probably four or “tive dozen. i it they had there.

Q. Did vou: yourself candle These eggs?

Vine I candled some, but did not Keep a re cord 0

long as T was net there in an. official capacity. © |

Was just unofficially to check the quality, ~~ ' . +2

a. And what was the qu ity of those eres fp mi

your examinacion ? ;

A. Well. they were B’ sand: thy and various

kinds of totic nih rots and blae k rots. - eyewear

Q. You say there were. how ‘many: dozen egos’ -

AL ‘Three to ‘five dozen. |

* a

Q. Were there any eguh that had heen. broken

into a container there? ;

A. Well,. ‘they broke some» there while’ we were

there. - Pogeeaaea Wet nae eee ie

Q: ‘How many? “A. I can't he surea

- Can you tell about how many? . o.

- Well, they broke some onit, but we ould ae

Pe as well by eandling. as breaking thenr out.

Qe Did you observe the eggs that were broken?

“tp 2" “3 ‘ e . &

2 130 » oN ye d Nissen and A. Monchairsh

“CPEs imiony of Aime Ge Abell. ) |

A; Yes. » They: were weak aiid .watery .and

latt ree out: i Epes

“W hat grade of egy? | q :

o On the basis of the breakout Io would as-

sume they were C's dné to the weakness. | :

ye, ‘Did you use your own, candlé light at -that

time? Did you have a candle light with vou?

moe AL OT had a eandle light in-my car, and that is

| the one we used. DF re if

Q. After you had examined these eggs ‘in’ the |

galley, these eggs that you have mentioned, several

“doze n, what did you then do? .

“A. .Weil, it was “sugar ted then. that they get

some out ef the [1831] adoler, w hich was down-

stairs in their réfrigerator box, which would ‘be

more representative of the lot, since it was not fair

“té check on the- “eggs that happened to be in the

kitchen. “It was not a fair test. We got some un-

opened eases from the cooler. )

Qe Did you go down ‘to the chill box yourself?

A. I went down to the Rill box and the eges

were stac ‘ked along the’ wall there and were in

‘apparently good ordér.

~~ What was the condition: of: the chill box -a

ad you observed it?

A. The chill box seemed to be cool enough and

the humidity Qwas satisfactory, and, the eggs were

‘stacked long the’ wall and away fromthe other

contents.

Q. Do vou know what the tem “ih eaahice of the

chill box was?’

rs. United “States of Ame rica 2031

( Testimony of Almo G. Abell.)

Ag 1 wouldn't know for sure, not hi ivinig checked

with the thermometer, but it seemed” to he* cool

enough ‘for the contents. |

Q. How*many cases Were then examined?

A. As I reeall, we brought up two whic h had”

not been opened. :

~Q. You brought ‘those. ses up from down in

the chill box wp to the-——— |

A. Uandling tight.

Q. Up to the candling light. that Was installed

at the Kitchen ov outside the kitchen ? |

+ ike Yes. = Se |

Q.. You “brought up two cases: you say?

4. S6 long as L did not keep an accur ate reeord

mvself,: I do not recall whether it Was two or three.

m’ : Did you participate —persdnally in the

«anhdling of those [1832] eggs? _- ~

"AS 7 gandled part of the eggs, and they Mr,

Gartenberg took over, “since he was: making. the

report. es . .

Q. In each of these cases how many eggs were

candled? Do vou redall: that? = :

oS -T think he candied half a ease out of. ‘the

“various ones he _ reported fo acest meee 4 cana

Q. Did you keep any record of the results of

that candling? : Mon eee ee Se 7

A. No, it would be. just a niatter of recollectio®&)

that. we ran into.a loss or two for every four to

eight eggs that we picked up, whieh to my regollee-

tipn ran ten to twenty per cent. Aol Aas

Q. Of. losses? : A. Yes,

} x £

2032. Nye & Nise n waft A. Mone curth

(Tesi imony of Almo: G. Abell)

@. -Anid what do you mean by that?

A. Either. mold spots in the pores of ike shells

or the contents were either mixed: rots. or black

rots. a / Bie

7.’ Would that tea inedi ble eggs?

AL. Inedible.

Q. “What portion of the eggs that you.saw were

inedible?» cicgemraat 6

“A: - On the basis ofthat one ‘ two out of every

four to eight ELS, it would run ten to. twenty per |

cent. ; | |

' Q. Ww ere you able to determine whether these.

eggs were processed eggs or Ww hether they were

| plain eggs? Coes | }

A. These. eges were plain eggs, since there “was

no gloss to the shell, which indicates oil processed }

eggs. | a eS oe cee

Q. “Are you-able to'staté from your, examination.

_of the.eggs at that time..whether. these were storage .

eggs? a eae |

A. The type of bi eakdow n and the naseaines of

loss indicated that they were storage e ges. [182g]

Q. Were you able to determine how long they

had been’in storage from the character of the eggs?

_ A. ‘Well, it would be difficult to say how niany

months, but they were from the category of storage

eggs, atid apparently they were Six months or older.

- Q.° Did you find any AA or A eggs among those -

that you examined? .- . A, No sir.

Q. Those that were edible were of what grade?

A. Band C quality. »

2 ee pil

is, lonited States of America 2033 >

(Testimony of Almo G. Abell. ) |

Q. tn your activities that day did yeu vourself

open any of these cases of eggs?

A. Yes, L opened the first case.

Q. Lshow-vou a slip of pape r here and ask you |

if ‘you ever saw that before? ;

_A. Yes. sir. That is one I temoved From one

of ‘the cases, ; | : , ;

Q. You removed | rere paper from. one -of the |

‘ases, did vou? A. Yes sir. - gre

Q. And vou have Your ide ntifying marks on “the |

ack, have vou? é

A. I made dint at a little later time to identify

the date While my fhe mory was still Pre sh. [ made

it just as ‘ matter of record.

@. And? ‘this was found in one of the cases of

eggs? A. One of the Cases.

Q. Where in the case? A. The top lave

6. After vou had taken the top off?

A. The lid off.

Q.. Aftey vou had taken the hid off vou found

this one the top layer? A. Yes sir. [1834] -

Mr. Pratt: This is s offered n evidence, a cand

ling ce rtifieate, eee ‘e

Mr. Faulkner: We saeee: to. it as Inicompe tent,

irrelevant and immaterial, not binding upon the

defe ‘ndants, and on all. the erounds of the general

objection, your’ Honor. |

The. Court: Tt may be admitted and marked. |

(The document was theretipon received in

evidence and marked U.:S. Exhibit icant:

Mr. Faulkner: Did your Honor rule?

2034 9 Nye & Nissen and A. Monchars

(Testimony of Almo G:. Abell.)

- The Court: ~ 7] overruled the objection.

Mr. Faulkner: Exception. ~ pe

Mr. Pratt: * Q. ; Directing your “attention to this

slip of paper, 1 notice jt is ‘torn. Was it in that

same conglition aie, you took it from the. case ?--

A. - Yes sir: | 7

@. What is: that paper?

A. That‘ is apparently a-vandling slip put in

there at the time the eggs were candied as an iden-

tification in view of the. fact :

Mr. Faulkner: I ask that that go out as calling

for the opinion and conclusion of the witness:

The Court: It may go out. Indicate what it is. |

Mr. Pratt: Q. What is this? |

A. It says, “Ege” and then it is: torn—*‘ eand-

ling”’ -apparently—‘‘certificate.”’ - “The eggs: in

and thefi it is torn—‘packed and candled:

and this certificate enclosed and—’’ words missing—*~

this—

‘therein attached to the end. of, the case [1835]

acording to law oe. to the Department of Agri-

culture, Dairy nd - Food | -of Minnesota. Date

eandled'1-11 by R. K.’’ ‘That is the name or initials

of the. candler. -License Number 855,. Elizabeth

Creamy Association, Elizabeth, Minnesota. |

. Q. Dated January 11? — A. One- eleven.

Q). At Elizabeth Creamery: Associ iation, Eliza- |

beth, Minnesota. | rag ao aie at oe

I would like, if the Court please, to hand _ this

around to ‘Jury to observe.

» (Ex hibit No. 136 was preven to, the: Jury. ) ,

Mr.-Pratt: Q. -Mr. Abell, do you know what the

- *

° ae . _ * *

“(Testimony of Almo G. Abell.)

custom, Is, if there is any custom, for - “andlers. to

puta notation: in the case that they have eandled ?

the opinion und conclusion of the Withess and not

4 hinding upon the defendants." . %

i ‘The Court: The objection vill be overrule 713 Te

4 _, -May testify as to the custom, if ay

q : Mr. Faulkner: Exception reer eo

+ : The Witness:-~A. It-is the practice of different,

firms,.some to use candling tickets—— -

fie!

Los . Ange ‘Tes asked: to testify. to the “eustom in

Minnesota, pee F

The Court: Yes? : | ray

Mr.: Faulkner « He is not qualifie aie

The Court: | do not knew whether he is’, or not,

T allowed the question. [1836].

Mr. Faulkner: J object to the question, oir the

“ground that no foundation has been laid. .

eh Court: I 6verruled the objection.

BER es Pega aa Be NNT nee anger OR eC NS RL es

there is no foundation laid in that the witness knows

anything about the customn—-

The Court: Q. Is there a custom in Yelation to

“the subject matter, do you know? sae 3

The Witness: A. Your Honor, it varies with

different firms, and L imagine, different states; but

I éan't state. specifically in Minnesota’ that it is

compulsory: : ne

Mr. Pratt: T will not press the question furthe rr

i * wep Abell, did you observe the: assis on

vs. United: States of America 2085

Mr. F: aulkner: Ww e object to that as calling for

Mr. Faulkner: Yeu -Honor, here is a man in

Mr. Faulkner: May I supplement it? That .

20386 = Nye & Nissen and A, Moncharsh

a Testimony “of Almo G.. Abell.)

these cases of - eggs: that we re the Te on that steam- ~

“a license number——

Q. I mean the apfeiarance, not the wording.-

Facts! That is not. ‘a typical candling, certificate, is it, im

. that form? eae a

ship? S

~ A. Timade no notations oiler than that it had a_

storage lot number on, it.

_Q..Do. you Anew: what that storage c Tt number = ~

was? rg a aera

A. It was a number -that sented ‘itself, like |

1 a SES RCI onan ae

“233 @; Did you find an egg candling céitificate m=

any other case? . ) Uses Se

AX. That is the only. one I natic ‘ed in the ‘ ones we

‘opened. se, ea ae ae re <

.Q. What is it?

A. That is the only one [- noticed in the ones

we opened. it might have been in the other end

of the case. . In candling we candled half of the

5 aes: 3 ee. = ses

Q. This is the only one you saw ?

A, —Yes sir.

‘Mr. Pratt: You’ may “Sans éxamine. 2 al ee

"hates Gee Cross. Examinatioi ee

“Mr. ‘Fauikner: Q. Mr. Abell, you have~seen.

many ordiiary candling certificates, haven’t yout:

A: Yes, sir. 7

Raeeone, * a ‘Phat is not-ty pical of an ‘ordinary. eandling

: certificate is it? mae

mo - > Et may be typical 1 in Minnegota. in that’ it has

vs. United States-of America 2037 -

“(Testimony of Almo Go Abell)

A. Speaking from the Los Angeles area, each

firm may have their own. with the candler’s num- |

: ber*on it. fe eae ii | F ‘. ~~

Q. — is-it ees practice to tear them like.

- ~* = - —

—— RRA Mtn tm ene:

“that? es

mncintin da... hdc

_ A. Ordinarily. they nail thine up and tear them.

== ere | ace eee

~Q. Nail them ‘up where ie _

A. In- front of the candlers. They take a pad

vd nail it up and then the candle ‘rs tear them off.

0. in othe ‘r words, was -this nailed pn any-

thing ? - St

es Not-at the time it was in the case... It was

‘in with the eggs, It is the practcie of many firms.

when they finish with the case. to put it in the top

Taver, ee ee ee |

Q. How many cases did you open?

~A. I opened the first case, . i

Q: How many éases were opened in your _pres-

ence? A. “Two or possibly the third one.-

-Q. Now, when you say possibly a third, do you

aA mean your memory of the trausattion iS not definite

e} nough to know how many you opened ?

. A. As Fsay, I was ‘there unofficially and only

opened the first: one that was brought up, ran part

of the case, [1838] and made-a segregation for the-

‘loss in part of them, but IT did not keep a_ record.

This Was the first time I was on a Liberty ship .

and I was looking. at the ship. oe en

Who requested vou to go there? «°°

Nobody requested me ‘to go they Se

a a

™

20388 Nye & Nissen and A. M oncharsh

(Testimony of Almo G.-Abetl.)

“§ Didu't Mr. Gartenberg oak yvou———

We met at the terminal. [ said F was going

b ions Beach. He said he had to go down there,

too. IL had a candle light.and I wanted to go down.

Q. Didn't you go down to the William S. Clark

with Mr. Gartenberg of the firm of Nye & Nissen

= to examine those eggs?

_ A., No, not to make. an official cerenatiee of

the eggs? Bs et |

Q. You just went down to see a Liberty ‘ship?

A. I was going to Long Beach on a call to Per-

kins Creamery.

Q. You went down in his sitvencbiie?

A. I went down in a Government automobile.

Q. What? I+mean your automobile, the Gov-

ernment’s automobile A. Yes. ie

Q. It was just a happenstance meeting ; .you and.

Mr. Gartenberg went down there together so you

- eould see a Likerty ship and he could do some work,

is that right? A. Yes ee

Q. ‘And who suggested that. you examine any

| eggs, Mr. Abell? -

. A.) Well, while Thad the. eandling light there he

‘said he would use our candle light.

Q. Who suggested: to’ you that you examine’ any

eggs? [1839] | .

er aie? imagine the boys on the ship as + much as

- anything. “Eh pate

—Q. Is your testimony-hased o on your ‘imagination ?

A. No, they asked to check them and, of course,

ae looked at part of them, as I would. when I am

FAS 0 ier iltierhs. Zable Vy dik | irae. tat etek hus AOL on a fe ey oo"

Sahar “s Lye

¥ ary

PESALAY SOC eh ok

eerore es Stee

Shale

was y .

eer oe he

Pike ae 2

Be ys are oe

Ww ; ; - . ; \

vs. United States of America 2039

(Testimony of-Almo-G. Abell.)

along with anybody, offic ‘ial or unofficial, when they.

are ‘looking at. eggs, even at. the terminal dock or

anywhere else. 7 Z

Q. Who requested you to inapeet a single ¢ egg on

on that ship?» What person? +. oa

A. Probably L -volunteere(l. pee

—* QQ. You went down. there and, inspected. those

eggs with Mr. Gartenher?; ish t. that correct 2 ?

A. I was along with Ar. Gari enberg | on thy

inspection,

-Q. And vou. were ° ‘toge ‘ther. ‘in the entire trans-

action on that. boat, we ren. t you? ,

A. We were, together the entire time, ves sir,

Q.. What you. did, vou did in his. presene e-and

what he did,. he did in your prese nee, isn’t that

right ?- ;

A, Pr ‘ett’ near the complete deal, Yes sir,

~Q. When vou were. through | you, left the —

didn’t you? . A. ‘Yes sir.

.Q. Were’ von there in the morning or in the -

afternoon?, °°. A.. The morning.

Q. What time in the morning? —

A.. Timagine-we got there about ten o ‘cloc k.

Q. When did you leave? orgs

A. Left “before they had -lunch, heeause they

were setting up lunch there about. eleven- thirty.

-Q.- You'stated that in your examination of these

“eggs you reached - a ‘eonclusion, an opinion after

eandling- them that some of them graded B, is that

right? | A. Yes sir.

| ; \ :

- 2040 | Nye d& Nissen ait A. Moncharsh soe

| Ae ,

(Testimony of Almo @. Abell.)

~@. That is your opinion val their quality’ ‘after

candling them, is that correck?\:

| ope Those that: I looked: at. ss “

-Q. And then you reache d ad opinion that some

of them graded €? . Av Yes sir —

Q. . And that was your opinion. after eandling

them. Then you reached an opinion that some of

them had rots in-them after candling them, is that

correct? - 7 5 Tees

Re iy may not be an ve I can grade and -

‘all them according to grades ; and Loss, :

Q. -It was a visual inspection and you reached ©

a ‘certain ei

the opinion that these eggs fell 1

gory? <A. By candling, yes sir.

-Q. By. candling. Were any of ‘the eggs moldy —

on the. outsMe? \ -

A. Somnie of the mold spots showed. through on

the outside of the. shell.

Q. Pardon me? ,

A.. The mold spots showed thr ough the pores on

the outside of the’ shells. ee

Q. . How many eggs did you observe in. the 6 tie :

or three esaes-that you looked at. that had mold

spots on the outside of. the shell? . ;

A. I didn’t keep*an exact count of those.” We

classify inedibles as a group. | aia ©

Q. - Where mold. spots: appear on thie outside. of

a Shell you class that as inedible ? .

A. When it is in the shell. A fuzzy mold pst]

may be onthe outside, but it does. not of necessity

classify that as a loss.- 7 eet et E =

. (Testimony of Alme G, Abetl.) ; sy

Q. -Parglow- ime ?

Us. Brite States of America - 2041

A. Where vou have fuzzy medd on the outside |

it does noteof necessity classify as? i loss, if the

contents Gociet shove amok or decomposition,

Q. Inside? AL: That is right..

Q. Did you seé anny “eggs that: had fuzz on them?

‘A. Not the ones I looked es: ‘

‘Q. Not a single egg? : eles ee

A, As Tsay, I didn’t make. ‘a complete cheek,

since it was not my duty to make ‘that complete

sheck: | t 3

Q. iid at whethet See cheek. was 3

made er. whe ‘ther itwas or was not your duty, did

you see any eggs in those cases that: had fuzz on

them? = <A. Not that I ree All. ‘ : ie

Q. Did you see any eggs that had mold on the

outside?

Mae Spot mold which showed throng the sheil,

‘yes sir. hich

Q. . Did T understand, you to say that from ten

to twenty per cent of the eggs’ you examined did

| not classify as vither B’s or C's? 7

A. tT said on the basia of the way | graded, one

to two- out of every eight eggs would: run Om to

twenty per ‘eent.

~Q. You have a big distenianso die Mr. Abell.

"A. You hava:

hit’ two” loss. one \vight: after ‘the other, and then

you may hit sam 1 igs, ‘a handful, that show no

Q: I mean on ‘the external snark of the shell you :

saw mold ; that is right, isn’t-it? A. Yes sir.

a big. difference bevatrse you may’

2042 «= Nye & Nissen and A. Moncharsh |

(Testimony of Almo G. Abell.) j

loss... They do not run ma definite ratio ‘through

out [1842] the case. - |

Q. Do you recall how many egys you personally a

candled in the first case that you looked at? .

ee probably looked at around a’ Lendied.

Q. What? .— A, Around a hundred.

Ql Vould you say: that the pereentage of in-

~ edible eggs that you saw in/either, of those a

would exceed 8.6 per cent! q : rhe

A -In the otie 1 looked tt I would say so.

Q. Your percentage wold he te h to twenty per .

cent, 1s tliat right? , A. Yes. sir.

* Q.. Out of the one hundred eges in the first case

how many eggs did you find. ane classify, as in-

edible? | eae maancre! |

a. ae did not keep the count hecainne Mr. Garten-

berg continued through the case; finished it up, and

then, madé a count on his report.” |

Q. . Did you find twenty eggs?

A. Well, on the basis that I recall it would run .

that way in'the half case. ride

Q. Inthe first case you would say twenty; that

your best memory ° of. what happened is that there

were twenty ‘eggs’ that -were not edible?>

A. Ina haif-case. ‘

Q. What? © A. In the half-case.

~ Q. You candled: one hundred eggs?

A. Yes sir. .

_ Q. That is nota half-case, is itt

A. ds

No sir.

Us. United States yl America : 2043

(Testhnony of Afni fi, “Abell.”

Q.° That. is less than a third. How. many egys

in a-case? A.- Three hundred and sixty.

Q. So there were between iv third and il fourth

of the cnse. [Ist 3] What did vou do with the twenty:

eggs that you found-were ine idible?

A. WwW e just segregated then tw way s, and that |

-is the res ison I did not keep an accurate count be- |

cause I was-nét miaking a report on it.

Q. Did you put them back in a> box?

eandled the. good ones -into the ‘fillers.

Q. And then they went back into the box, is that

right? es se "

A. Idon’t know w shat they did with them.

: Q. Well, they went back into the fillers?

ey Mae. good ones. went: back into the fillers.

Q. And the poor ones never went back into the

fillers?” oer

A. J don’t know what they did with 1 them.

Q. Who was ‘Sthey” ? aS,

A. The stewar ds: w ere there, the ship ‘employees.

Q. Now then, you then. “proceeded to do some

work on-a second box. What: did you find -there?

A. Mr. Garte nberg: carried. on the ‘inspection:

~Q. - Did You observe what he did?,

A. 1 was observing in a general way without

keeping any count. oad )

Q. Did’ he candle ibons? A. Veg sir.

a Did he find any: had eggs? |

A Apparently he did. ere

Q. About show many ? ,

> Al *We sorted them to ‘one side and then we |.

2044 Mye & Nisst nand A. os

(T estimony, ‘of Aliho a Abell)

cially, TP make a grade and sort them according to

with others that nia be Intving eves, td see the

. | oe The pronoyneed shrinkage of what ?

A: I don’ have his records, So 1 wouldn't know, |

Q. Well, you saw hint there ; you were wate hing

hin, weren't vou? ene s

A. Les atcherd him, bit if I ‘didn’ t- keep a record

Offic iaily— fist] When 1am: making av brade offi-

all the grades and make a reeap on’ my. grading |

memorandum of exdetly what ‘T find chen? Iam

making al grading. As ‘ff say, it was unofficial. I

Was not requested: to make an official inspection,

and\nere wasn’t: any reasop. for ame ‘to keep an.

exact gout, Spex i. Boe,

Q. Yau were where to see a Jliberty ship ?°

? x ia

“

A, ee ess “sir é f s

Q. You: were just looking at eges in the corse

off four tour of th Le hoat: is that i: RES

A Ido that. faye nithy wherever I gos cheeking

quality of eggs that are cé

a. Did 1 understand you

wing in.

) eONpPress an opinion

uf the age of these egys?. Sy

A’ An opinion perhaps based on *aperieiuce in

that. thease were certain indices which Shadicate |.

Dae?

Oo. W hat were the, Indic “ations vou sas on ihene

eggs that, é atised vou ‘to express a helic£ that they

had been in storage for a period of time?

A; The type or f pronounced shrinkage.’

. The what / a Ge ae eect

A. The pronounced shrinkage, | oe oe,

a 4 . . a et — # Pa 7 : :

. ,

i a ue

Us. lonried State s “of . America - 2045

CPestiinony of Abie Go Abell,

= OF the contents. of the eve,

"Of the air CNY. aoe

‘ No the shrink ave is of e sneite its and. re

aly’ eo dicecimes larger as the conte nis, shrink. - Bt

" is-the contents that ene and the air cell hecoine S.

larger, which is. an indication of the amount of

shrinkage which fis: D| has taken pl ce An the cone

tents. ys

Q.. In other words, one of the main ‘methods of

- Glassifving an eve is to determine the depth of the

_air_eell, isn’t that-correct ?

Al’ The air cell, the yolk’ visibility, and the con-

dition of the white.. Pes

~ Q. One of the main Iethods* is the depth of the.

air een? -..: a

‘A. That is more Rae indication of age:

€@. Armd the deeper the air, cell the lower it goes

in quality? * A. Yeés, sir,

Q. -Were the ice well 4 in these aes oe

A. . Yes, sir. Ne Serres

Q. -Have vou ever seen a “freshly aid eg? that,

had been laid on the. yery day that vou have ex!

“amined it that has an air cell that = he the:

‘ equivale nt. of a C egg? . <A. No, si

(). ‘You have not? o

x Not on the s same day, ao Or

Q. E ven in a. week? 2. + AL’ Phin shells, :.

Q. Thin shells ¢ | | oe

(AL 'Thin-shells w ithin a-week:

Q. Pardon me? |

A. Thin shells oonld show r¢ pid. shrinkage.

¢@ < a

2046. . Nye & Nissen and A. Moacharsh.

° (‘Testimony of kms Gi. Abell. )

(). In other: words, you have seen. eggs where

» the depth of the air cell within a week after they

were presumably laid would give the egg a classi:

fication of a C egg, isn’t that right? |

A. That has come with ‘tlin-shelled eggs, but

on the basis of thin shells, we grade them down to

start with rather than on’ the—

vad right, eo ahead ?

A. - Yes, you could have shritikage [1816] in your

‘oe

thin- shelled eggs w ithin a week,

* . OQ: How about ordinary eggs.daid by chic kens inh.

a same ranch at the same time? Have. vou sé on

eggs come from the eliicke NHANC ‘h like that within»

one or two days of the time that. the ege was laid

and find part-of the eggs AA and hart of the: eggs

an air cell the equivalent of a C egg? Have vou

ever seen that? | Rat )

A. .Not on the basis of aE ce I. ;

2) a Tou havt never seen that. ~ What Is. te

deepe st air ecll that you have seen in an eve that

. you knew to he less: than a week old—a. week old?

What grade would it have? a 3

A. Welt as | say. there are three: factors that .

influencegrade + shell, shifinka oe, and volk visibility,

“and the-eémbination may throw some of them into

B grade. Out of a lot of fresh eves, (ne to either

shell texture or. your shrinkage, with even fresh

. egies, you throw them down, on shell texture: and _

7a certain chiekens do produce a’ weaker white.

Q. ‘Eggs that are in cold storage for six months

os * have you ever seen eggs that were in: cold. storage

nore

. ® . > a

us. ie nited States of A merica 2047:

('Pestimony vof ee Go Abe i.)

for six months that would ‘grade AA after the.

storage period had heen completed ? |

A. Very fey will run that, and therr they are

process: egys. |

Q. Pardon me?

AL Then they would. have to be processed. | |

have seen no plain eggs that would go AA after

six months. r 3

Qo W hat is tlie highest grade of a plain egg that

you have seen that has been in storage’ for six

months ? ee

A. The majority of cisi7] the plain éggs that -

have been in storage for six months grade B.

Q. Would grade B?) What would any have’

gone in as? ;

A. -We don’ t know what they go in as “uniless we

look at them ‘going both in and out. °

Q. In other words, when you see a Grade B egg

that has been in storage six months, you do not fromm ,

that observation know what the grade of the egg

was when it went into storage, do you ?,

A. If it was a B coming out tier SIX months, .

if must have been. A, at least An A. grade going in.

Q.. But you do uot’ know, do you? . i

A. Well, from experience with plain eggs, and

common practice with plain egus to move them as |

rapidly “as possible, as vou can, after vou have

stored them.” oa | | Pe As

Q. Well, the’ common pr actice is they would go

In, or,” tather, they would come out slightly undes

grade as to thet manner in which they went.in?

2048 Nye d& Nissen and A. Moncharsk,

( entiimony of Almo-G. Abell.)

A, They go inata hisher tie than they come

out. Sy Fe Fae! ‘ ke

Q. Pardon me? ° Rs

“A> All eggs. go in at a higher grade than they-

come out. That is particularly. with the time.

‘thterval in there. - : a

Q. What are the conditions im relation to the

keeping of eges that cause the most. smbedy *de-

terio:ation?. What eondition from vour ex wHIRVICE

would: you say Wwotld cause an ‘ez to deteriorate

faster than any other eoridition ? .

‘A. Heat and wind: [1848]

Q. _Heat—— - -*A.. And wind.

> @.. ‘And what? : A. “Wind. ;

Q. . Assume that a series of cases ‘of edges were

‘left on a pier on a hot day with the wind: blowing

through the picry what would the effect inva. ong

day period of that condition have npon eggs? 7.

Mr, Pratt: 1 object to this. The hypothesis 1s

not in qvidence at all. All this may he defensive;

it. certainly gs nothing that has te do with the direct

examination of this witness.

Mr. Faulkner: The witness. has. testified, your

~Howror, that: is his opinion these are cold storage

eges hecause of the condition in whith he § saw, them,

1 want to show from the same witness that other

conditions wll produee the same ‘effect.

The Court: He indieates that you are assuming

a facet not in evidence, name ‘Ty, that. they were on

the wharf for a period of time. is

Mr. Faulkner: No, your Honor. that is not the

- were properly cooled and packed in cases.

Us. United States of America. ~ 2049

(Testimony of Almo G.-Mbellj

poin le li other Wo! ds. we ae nyt. any opporti ii! ith

of presenting evidence vet. . In other words.a man

“CONIES Ivite , COUT, Whether, 11 1s Mr. Abel] OY SOmMme-

ons else, en he savs, a reached a conclusion —

~The Court: | In any event, in the interest of time

T will allow the question to be ASWe red; ~

(Question read.) [1849] ae

A. - The effect would be negilible if the eggs had’

been properly cooled and packed in cases, bee “ase

in: “ases stacked together, the wind would not e¢ir-.

culate, as [ was thinking of terms of fresh eggs that

might lay’ in the nest. In other words, the change -

in the quality would he negligible’ on fresh eggs that.

— Mr. Faulkner: Q. Whatever the change would

be, whether it was negligible or not, would it im-

“prove the egg or would it cause it te dete riordte?

A. The egg is at its point of highest quality at —

the time it is laid, nnd from. then ‘on it*is up to the |

maintenance of that quality, but there is deteriora-

tion from the time it ‘is laid, whic hi is the nature of

an egg. fe

Q. Assume that. those eggs are then taken into

a slingand placed on board a ship and placed in a

chill box that ‘on frequent occasions over a 16-day

period is*out-of order; and then sweat ac eumulates

on the eggs, and that fuzz and mold acctnnulate on

the eges; after the 16-day ‘per riod w hat would. the

effect of those conditions: h: ive upon eggs? :

_A.- Well, if they are placed within the se frigera-

tor they should not sweat-— As

2050 Nye & Nissen aid A. M oncharsh~ a _

(Tes dimony of Almo G. Abell.) ee:

-Q. IT am asking» you. to assume ‘that they did.

sweat, that the water was dripping off them and had

to be wiped off with a towel; that fuzz was on the

eggs and that mold was on the eggs over a- 16-day

period ;- what would that condition have upon: the .

quality of the eggs? ee |

Mr. Pi ‘att: I object to th: it question | hecause ‘it

is not: [1850] substantia

“i ease in any ray.”

“The Court: The

Mr. Faulkner: . Your, Honor, may Ibe heard ’6n

that subject? sae area |

The Court; The Court has ruled: -

. Mr. Weatiias. Exce tion.

yy the evidence i 1 the

bjection will be sustained,

Q). Assume, Mr. Abell, that eggs for a period of.

‘sixteen days have been ina chill box that’ has been

-out of order, and that the eggs when they ¢ ame wp

in the galley by the cook had to -he wiped with a

towel in order that the mold and the must would

not drop into the breaking container; and. that the

eggs that were in that condition in the galley came

‘from the chill box; what would the condition.,that.

produced that mold and stuff that’ you wiped off

with a towel have on the quality of the eggs?

Mr. Pratt: To that. { object because again there

is nothing to support it. - | ee,

The Court: The objection will be stistainéd:

Mr. Faulknér: On that, your Honor, I will vet ‘

the record, if your Honor sustained the: objection

in that form-——

us. United States of America : 2051

(Testimony of Almo G. Ybe i. 7 ih

-The Court: -The 2 ourt has riled. We will now

proceed. | ae a ei fe

Mr. Faulkner: » Mr, Pratt seid that that is net.

the reeord.. | tt eRg rs

said or did not Say et : arene

Mr. Faulkner: But that is his objection, [1851]

The Court: The Court has ruled on his objec-

“tion. “The Court sustains the objection, :

Mr. Faulkner: - I submit very respectfully, your

Honor, that where an objection is made that a ques- ”

‘tion is not founded on the record, that I should be

given the permission to read the record to the

Court ? . :

The Court : Where is the record ?

_ Mr. “Faulkner: Right in this courtroom.

The Court: The jurors will take a.recess for a

few. minutes. bot caer | eee eet t

(Recess. ) [1851- 5 | Sey |

The Court: Y ou may proce eed: |

‘Mr. Faulkner It is from’ the examination. of

. the Wwithe ss called by the Gov ernment, your Honor.

aman hamed Brown. _

Mr. Pratt: What page?

Mr. Faulkner: 1546: )

“Did they have anything on. them that vou could

wipe off with a towel? An ECR. :

Q. What was that?

Bae Sweat off the box.’

On page 1548:

Q. After you took theaé. eges sat ou be on

+ a wv. = "

2052 «= Nye ds Nissen and A. Moncharsh.

“CTestimony of Almo G, Abell,) Ss

that ship -<withdraw that. Before vou used the.

eggs you would wipe thiat sweat off, wouldn't. you,

80 wouldn’ t drop inte the pan or rhe bow! ?

That's right. . ae,

| : After_you wiped it off of the eggs, what Was

the appearance of those eges? ° 7

A. They were all right.’

Then this: | :

Now, Mr. Brown, you were asked this quest-

' Mr. Pratt: What page? ee

8 Mr. Faulkner: 1553. : | |

3 si a Now, Mr. Brown, you were asked this ques-

tion, were you not: “Did you notice anything om

the outside of the egg that called your attention to x

its appearance, anything - ent about the outside |

of the egg? aig

A.. Rggs 1 is tliat we ay, if they ain't ‘i in avery,

very coo place, you ‘understand, ‘naturally they

form what you F1852] call a kind of, oh, well, new,

wait. a mintite, let's see. I want to frame it the

right. way. It was more on the order of mold like,

you understand, ~ Some . people « ‘alls it whiskers, |

but I don’t call it whiskers. It is kind of INGSs

gathered on there, you understand ?

Q. What kind of: moss? *

AL 'Phat-is ¢ aused from the tempe rature offthie-

box where they are kept at.

Q. That is superficial, that is, on 1 the - of the

shell, isn’t it? :

A. That is on the top of the shell, ves, sir,

avo,

the chill bos, isn’t that right ?

-A. That’ question was put-to mesjust like 1.

vs. United States of Americea 2053.

(Testimony of Almo G. Abell.)

Didn't you vive those answers, to Judge Goodell ?

A. T answered that question here a few minutes

She #9: Ze Be -

alo, . . :

-Mr.~Pratt: If the Court please, he las beet

- corroborated——— ae ‘

_ Mr. Faulkner: Just aeminute, T will ‘read this

nbn then you ean howl. |

“Didn't you give those answers te Judge -

Goodell 2 - : : ce:

2 ] .

Ba I answered that’ question here a few minutes

° ; z i. ‘ ° yeh :

Q. Yes, but a few jninutes -ago vou. said.there .

was no mold on them. ae

AG: Didn't I tell. you | Bt id to lise a rag. to wipe

them off? i

Q. You said you had’ to Wipe sweat off but

there was no mold on them? |

A. That-is what I said, mates fig

? Q. In May, 1944, vou told Judge Goodell -there

Was mold on these egas due to the temperature of

told vou a little while ago— [1853]

“Mr. Pi ratt > I ‘objett*to the last question.

“Mr. Fatilkner: [will withdraw cg question. -

Q. When you told: Ludge Goodell, ‘Let me see.

[ want to frame it the-right way. It was more-on

‘the order of médld like, you understand. Some

peoples call it whiskers, but I don't eall it whiskers.

It is kind of moss gathered ‘on there, vou under-—

‘stand?’ Was that the manner in which you were

; .<S ‘

2054 “Nye & Nissen end A, Moucharsh

— (Testimony of Almo G. Abell.)

describing to Judge Goodell the sweat that you have

. bee nedese ‘ribing in this courtroom ?

A. The. ege was bad, as, L told vou, Do you

‘understand ? |

@.. L under stand the eges were bad.

A. If -you don’t’ understand I don’t either.

Q.. What I want to kriow, Mr. Brown, is, isn’t

it a fact that they had whiskers on them 2

ye never ‘made no statement that “they had

whiskers on them to you. os

. Q. . No, not to me, but you did to J ndge ¢ Goodell,

didn’t you? é

‘ Well, I guess they was trying to put w ords i in

my mouth. That is what I said to you awhile ago.

I said I’ m not going to let toe put’ no » words i in my:

mouth. ° | 3 Eee

Q.. ‘Then a member of the Attorney: General’ S

office asked youthis: ~~ - ew

—*Q. What kind of moss? :

| A. That is caused from the teanpoxatare of the

~ box. w here they are kept at.’

A. 1 téll you what I -teil anybody eles, If you:

kept. something [1854] in‘ one of those boxes, and.

the temperature goés down, it causes the stuff. in.

there—vegetables, eggs, or ‘anything—to form a

sweat, which it does—mei ‘it oF, anything, else.

_Q. Yes, the eggs sweat. You know that they.

sweat, and after they sweat, they form a mold, don’ t

they? They form w hiskers, don’t they?

A. f said a little while ago. I am. Kong to let

yee eat

Pate t

NCMOTY isn’t as good—

: \

s. United States of America | 2055

(Testimony of Aiins-G. Abell.) naa :

you gr nobody else put words in my F mouth | to that,

effect, when T don’t say it. ie

~Q. Weren't you asked this question:

“Q.. In other words, if you took the egg you had

in mind, the one you. are .describing, and wiped it

clean with- a towel, it would look like a fresh. égg?

A. It “would look like a fresh egg.’

Didn't you tell that t Judge Goodell at this de-

position on the 18th of May, 1944? .

A. Do you Want me to describe that to you? ?

Q.. No, sir, 1 want’ to know if you told Judge

Goodell in May, 1944, if these eggs that had the

sweat——— « -

That is“pretty near two years ago and my

Then he goes on. to sax: abhor

“A. Did I make a statement to. that, effect ?”’

Mr. Pr ‘att: Where is that.?

Mr. Faulkner: Line-12 . bage 1556. [1855]

“Mr. Faulkner: Q. Yes? |

A. Did I wipe them clean with a towel ?

Q. Yes. A. If that is. there.

‘In other. words, if you took the-egg you had in

mind, the one you are describing, and wiped it clean

With a towel, it would look like.a fresh egg?

A. It would look like a fresh egg.

A. If it had water on it; it would, sure. —

Mr. Pratt: -This is the answ er.

Mr. Faulkner: The answer is

“Mr. Pratt: . That you quoted from the deposition.

2056 = Nye & Nissen and. A. Moncharsh

(‘Testimony of Aimo G. Abell.)

Mr. Faulkner: *¢ ‘A. Tt would look like a “Preah |

hen the. answer in the courtroom Was :.

4. Tf it had water on it, it would, sure.

oe Pardon me? a .

| A. lf it had, Water, on ‘it, dew: or anything like

that, it woull be white on a brown egg. The major-

ity of eggs you handle is all w hite’eggs. /

Q. .To eliminate that, these partic ‘ular‘eggs that

had either mold or whiskers-on them, or had sweat:

on them, if you took a towel aind Ww Tped., it off, it had:

the appe: arance of a fresh egg on the outside? . |

_- A.. Some would and some would not.

Q. Did you give. this answer to: this question :

‘Q. Mr. Brown, did you attempt to wipe | any.

of the [1856] eves? , |

A. Well, Il can answer it this way, if you will:

det me, if you want me to. A lot of them eggs that

J handled on those other ships—-not only ships but:

anywheres. L worked, you understand, some of them,

in order to keep dirt or whatever thay.be hung on |

the shell,. you will take a damp cloth, wipe it off,

and keep it from dropping in —_ the egg, of

course.” ; : i

A, I made that statement.

Q. ‘You know, some people are Gnickiy about

‘their eating. The cleaner. you serve it the better it

will be for all concerned. Sometimes [ wipe eges

a great deal

‘

Did vou give that answer 9 setts

AQ] have did that:. ; ‘

“~~ nics

ta % nite d States of A merica\ | 2057

(Testimony of aa a

So vou have wiped eges a great deal ? 2 ,

A. - I have-did that. at a SEN

A: l Say | have tid th at. : *

Q. And if you gave any testimony before in this °

trial that ‘you had. not handled many bad eges: be--”

fore, that would be an error, wouldn't it? :

A. Wait a minute, now. You drove your point

in there. Tam going to tell you mine, “ Tem wait-

ing on the rest of. these _ people: and [ have. to seud

that food In there élean to them or e.3 am going to

eat it myseH, W hat A won ‘t eat mise TPL won't ceive

FA ee

you. Is that ENTS jeer, ‘ md Gre .

The. Court: I would like to ask’ counsel a ques-

- tion, _W hat [1857] is the. i iting ‘of res eading this -

x testimony ? Ue ee ; + | :

Mr. Faulkner: “The purpose .of rv ading this

testimony is to show the record: sustains the posi-

tion, if the Court please, that that refrigeration on

the very ship in question had broken down’and the .

eges were sweating, that the eges were moldy, and

that the eggs that were catried inte the | galley were |

‘wiped off before they were used. Hf the court.

please, if that condition existed I asked the witness !

to sav what effect: it would have on the quality of

the eggs: ae Rhee

The Court: > Did you conclude ?

Mr. Fauikner: Not yet, your Honor. -

The Court: Proceed. — . . ip

Mr. Pratt: May i say - this at. this point, that

the witness has not admitted the words ofthe de-

- /

/ -

—6 2058.) Nye dé Nissen and A. Moncharsh

~CPesimony of Almo G., Abell

position in regard. to whiskers on the eggs. ‘The.

only thing he lias admitted is. that the eges were

damp— ete ‘Re

_ Mr. Faulkner: W ell, you ¢an—— |

Mr, Pratt: | But there is nothing here that has.

tea m read to indiente an admission on the part of. .

the’ witness that he ever found any whiskers on

eggs. | He wiped them ‘off and w iped’ the sweat off. :

That is all there is in his reply to the question ‘ead

from the deposition. That is the basis of my “objec- "e

tion. * <7 . eens

Mr. Faulkner : Then the snecied eRe as fol-

lows: / . |

Mr, Pratt:, Ww bat page} now? [1858]. pias.

Mr. Faulkner: Same page. 3H

Mr. Pratt: 1558?) a OPk

Mr. Faulkner: Yes. -

“QQ. “Thateis as plain as can be, .

\.A. You just said I didn’t wipe them

. you a — ago. I. did wipe “water.

off the eggs.” | ie

Then. we. stopped. adie to -agpaver Mr.’ "Pratt.

“Q. ‘We will get it even clearer “than we have it.

_ now. Were you: then. asked ithis- question:

* We V hat L am getting at, Lis this ® aN You, bie

described. the ‘eggs ‘as having” what you calla moldy

-, appearance. “Tewant to know, first, of. all Sty ¥ou

remember wiping. off that moldy appearance? |

A: Yes. et oe a al

Q. Did you? \. ie ee,

A.- The consequence would bejafter Iw vould: wipe

‘

} off, and I

nd ‘stuff

. United States of America 2059

(‘Testimony of Admo G, Abell.) ,

it off, you understand, .to keep that little dirt from

falling in the bow] where TF erac ‘+k it——" |

And then that is the end of the ariswer. All of

‘these eggs that had elther a moldy appearance TOMES b

whiskers on them or sweat on them, you | wiped them -

off, is that right?

A.: In order to keep ‘the dirt from going in the ;

bowl. .

—

~Q. That is right, but - you did wipe seals off, am

I cor rect in that ? |

A, That is correct.” ae

. Those are the answers in this courtroom, your

Honor. | Be

‘tr, Pt att: Still fo’ admission there w: is any

mold. or whiskers: 1859} eens

Mr. Faulkner: That one sentence alone “ix “A

_ proper sentence -for tlie jury and. the jury observed,

I think, that he was tinally rornscayh down and con-

fessed that those eggs were moldy. : | Wiss

‘*Q. And all of: the eggs that. you served, were

they all wiped off-by you before you served them ?

‘A. Some of them didn’t need no wiping. . Some

of them was clean enough and some wasn't. |

Q. Do you remember drawing a picture for

Judge Goedell, actually drawing the mold’ or

whisketson an egg at that deposition ? Do you re-

member you. drew a picture? You were given 1

piece of paper and you drew a mold or whiskers

on an egg? Do you remember that?

No, I don't remenber that,. but that is what

you RPP Aekatice to get at. I see that. You are ~

-* -FOSO - Ny: At Nisxeit whe ye Joucharsh

U7 (Vestimeny, of Alma G. Abell) .

_trving he hi al Ane show hint what au e ve or a di wk

on e et Ju. it ‘ay ‘eES Wits. Phase : o:,

"No, Kain asking you if, you rememher 7 Aw-

ine “ty picture :for Judge Goodell of the. mold oF.

\ P

Antst on the Pa 4 Ae eae he a,

pare . eae “ain fio drawe 1". so-[ don't re Te ikies that.

CEE Ne er ee

Q. At all er ents, you. femember. you never. at

any: tite. titied to-dr aw sweat on an. Be, don't you! 2.

7 Dr aw sweat?) * o¢. ae

“Q. Kes. eae ge ee t tolit- you T wi is No, “artist.

<@.4 all ~ % #3 wa ; . Seas : ai p 3 Bae

'* Q. . In the efit box that vou have described or

Which you haye: referred. to, wete there veget tables

store i In tlie saine. “chill, box with the egg's ¢

pie ilges, cabbage, earrots, turnips—all kinds « of

3 ; : _veget tables.” * [1860] i ee wot Siar ae

ee “ 4 Mr. ‘Pratt: To clarify the sittation-—_ eae

i ees aulkner: T still have, the floor, Mr, Pratt.

Me r.. Pr att: If the court will permit: ‘me I Would

_like, to make a remark, at, this point, in order ‘to:

‘Save fimie.. Tt is perfestly apparent from the testi-

_ hone V ‘of the Wwitress Haffel- Brown that he found

| some. ‘thdld or what- not on some of these eggs: He

wiped sweat off of the eggs, but: there is Westie ;

in the record “to ‘substantiate the. ov er-all- assertion -

“by, Mr. “F aulkner ‘that fhis chill hox la broken -

: down,’ cy that there was’ any per ioc of time, great

Seat Fieriod: of tinne, of, atiy substantial de ‘eT ee. where. the.

chill box w as ‘in. any wi se defective. ; 3

The € court’ 1 may. be in error, but. your question,

Se ie ~

(rate

“The C ask WwW hat about that?

a | propounded,

13 “

s. Wniled States of America - 2061

. = ; a F ns ” ; A P

(‘Pestinion Woof Almie G. Abell) -. pe te PRET

Cenibodied 16 days. Fs there anything mn the re cored

- here ahout 16-day? :

Mr. Fandkner: *. Ves, vour Honor, «

The Court: Where is it? |

Mr. F aulkne y: The record shows, the eges were

_deliyeted on Hie 1th of October, that is thirteen.

“days in October, ‘arr they were examined on the |

“Srd of November ; that” <2 period of 16 days on.

shipboard. ike ee Sane aN he

+ Mr. Pauliner : This is the.condition thet He ab-

se rved i in the 16 days. ‘T am. going to show that the.

chill bex was. broken down during ‘the vove we, if *.

your Honor will ‘permit me. ;

Phe € ‘ourt: | Well, Twill ask you new to re frame.

wvour [1861] questibin and we will proceed, a

‘6 Mr. Faulkner: 1 will submit the eee eee

> The Court: Reframe your ‘question. The objec-

tion will be sustained to your former’ question.

Mr. Faulkner: Exception. ;

Qe. Mr. Abell, what would the effect: on the « qu ie

ity of eges Te if it appeared that eggs were put on

~ hoard a ship ‘and venrained there for a pe riod of 16

days and that during that 16. day period the v were |

ee chill hox that was out of order anid: it cause d

_ ‘the eggs when they Were taken. to the galley: to be

. covered with sweat and mold, what would the effect

a Is not sustained.” at oe

of that condition have on the’ quality of the. eeeih:

Mr. Pratt:. I object_'te that, because the hy}.

2062 -: A we & Nissen aad A. Meoncharsh

ai st arony’ o Ami Gt Aba se ss :

The Court: - enn stistained.

My, Paulkner: Exception.

). What has the effect of inoisture on the quial-

ity of eggs when the. moisture is occasioned by a

condition in a chill box ? ? ae |

A. . The fact that the eggs arc sweaty when they

are taken. out of the ‘chill hox: would indicate the

j chill box -was adequate. refrigeration. ;

~.Q. What is that? - What has the effect of. mois-

ture in a chill box on the condition, on the quality

of eggs when taken to the: galley for use? What

has the effect of moisture acquired [1862] in a chill

“> box 0 on the quality of eggs? ' . =

wy The maintenance of high humidity is bene-

fiicial to maintaining a high. quality or slowing up —

| the rate of evaporation from within the egg, and

overa long period of time in storage your moisture

develops. which has been mentioried here, which ee

would not indicate a loss,in_ the interior content.

— Q. Is what you say, “Mr; Abell, then, that eggs

kept in a chill box under conditions which would

be caused: in the box, ‘itself, to sweat, the moisture

on the surface of the eggs does not leteriorate the

quality of the eggs ?. \ . :

Mr. Pratt : TL object to this. He didn't say that

thé moisture occurred in the chill box, The box

moisture ‘appeared wher the eggs were. e brought into

a warmer temperature, cin

The Court: He may answer, ;

The Witness: In the chill box, it is not nor mal

to find, the eae sweating in the chill box. . @

“as: Bnited States of America: 2063. —

iv, CTestimaiay af Almo G. Abell, } = ,

, MF. Faulkner: I-did not ask you that, Task

veu to atiswer the question that | asked’ vou. |

The Court: Let the ‘question and-> the answer

stand. . Proceed. : an

Mr. Faulkner: Exteption,

Q. Mr. Abell,-in connection with the quality of

any eges, does the egg deteyjorate in qliality when

it is kept ‘ina chill box with a. temperature that

* callses the ege to sweat? , ena that question

wy es"! ¢ No.” " please. a | |

A. 4 the eres sweat it'is hecause they are raken

from one temperature to a higher [1863] tempera-.

ture in ny short period of time hy the lang hold-

ing, over a lang petiod of time, and then Sweating

and then re-chilling them and, Aolding . for a long

period of time, for seve ‘rad months, you are further

aiding. in the development of mold film.

~Q. Tow long would it take mold to form on the

outside of an egg that was in a chill box maintained

at a proper temperature,. what ‘is the shortest time >

that mold, will form ?

‘A. Tam not ar authority. on that, [ have not’

followed through on that. Pot ea,.

Q. You don't know the period 2. AL No.

Q. All right. Do sou know the effect of mois-

ture on eggs, and do you know what the effert of .

moisture on the outside of the egg has to do with

* the growth, of mold? ae ;

A. Mold will grow in—the more moisture it has

“the better it grows. «| ? y fe

(). Do you know how buss it- ro the mold to :

2064 ‘Nye Nisscen and A, Moneharsh

‘fe ie ‘ ! A Of Atine G Sheth) é

form “On ae olitside of ra | shel] ana Te pened rate the

hel] ?.

sa ‘

A. There are two forms of mold. one-is the econ-

teimimation of the egg, itself, 41 the other a film-

‘like mold. that develops over a long period of time

| storage; that is more wr less normal if eggs have

ees stored for a considerable period of time, to

de velop this filmy mold,

Q. The mold penetrates the shell?” |

A. It does where the contamination is: on the .

shell, itself, then the. mold would penetrate. |

"Q. How long does: it take the raold that comes :

from moisture [1864] being on an egg that is con-

taniinated on its shell to enter the shell?

‘A. Fresh eggs, it) would take consider able time.

*Tt is not normally noticed on fresh eggs under two

or three weeks. e

Q.. The period of two or three weeks is based on .

the experience you have had that meld on the out- |

side ols an egg would penetrate the shell.

-e isually. |», xo : es

et L's es, uses ow 3 ‘

. That would be on- fresh eggs, ves. TI haven't

seen it in two or three weeks on ‘Tresh eggs.

Q. - Have you ever made any examination into

_ that, at all? | oe)

A. As, T said before, | am not an authority on

ye anid its development. F : aoe

7 Q. You found a/lot of mold—— |

AL/ Yes, that was the interior mold. Phat is

more common, with storage eggs than‘ fr esh.

(Testimony: of f” Alnw -@. Vieille)

Q. The mterior mol Li Is eaysed. from the outside

¢ Of the shell—— a a

A. Yes, like Cotitamination. | wa Pan

Q. Contaimation caused from the exterior ‘of

ae egg? Yes. rhe ats oe

A. ‘Right; .. + . | es

was inside or outside the: shell—— |

A. The filmy mold: develops from holding eggs

for a considerable time in storage.

inside the egg?

A. They are-two.types of mold.

Mr. Faulkner: hat is all:

Mr. Pr att: That is all. |

Mr. Faulkner: There is one more question.

off the ‘fase? |; . AL es

. te That was taken from inside the ease. 7”

Q. You weren’f there on any official business,

were you?” o ..# That’ s right.

“and preserve it ? ewes ase f

A, Just happened’ to be in my désk and I kept

it there: hecause Thi ad checked at the time to see

how our office had graded the eggs: prior to loading.

: Q. In other words, Mr. Abell, you were doin

| eer na tour of : a. a von Prick: Stine

t Was \

ites

us. (ited States of America. — 2065

Q. The eg ee is not basically But, aininated inside 7,

Q. Regardless of. whether the a that you saw |

Q. But the mold you are talking. aboit is a mold |

Sc,” ae The mold. you are talking about is a mold.

inside the shell of the egg? — ‘AL , Yes, [18657

Did I understand, you to say “that you took .that

ers'2 How ‘did you happen: to — that certificate.

2066 - Nye d& Nissen and A, ewe ’

—€Testimony of Almo Ga. Abe ae ;

* eggs, and then you suddenly discovered that. vou

~had-on your @ésk this paper ?

A. .We keep different type s of certificates: that

we run across in our grading progr am TEI the States

that we work with.,

Q. How did it get, in Y your desk ?

A. I kept it. ;

Q. Well, when you weren't on official business,

down the re and saw this type you Just put-in your

“pocket. this cettifitcate ?

A. I was familiar with different types of certifi-

cates that are issued - diffe ‘rent States that [T run. -

20 ye 7 7

across in my course O ‘

Q: That is how you got ‘possession of this?

A. I didn’t have in mind anything like this, he- |

eause | didn’t’ go down there looking for trouble.

Q. Now, whom did you give that to?) Who was

he person you gave this to. after it was in your

desk ? |

A. After a period of time an “FBI agent came

around and was asking: for information, and that

is when it was given to him: |.

\aQ. You gave it to him ? =. A. Yes, sir.

Mr. Faulkner: That is. aul.” pares

_- Mr. Praft: - That is all, Mr. Abell.

Pie Nes.

_—

, es oe

us. Lnited States of America 2067

FRANK GARTENBERG,

called as a witness for the Governmenf,; sworn

-* .. - Direct Examination sae

Min. Pratt: Q. Yeur name is Frank Garten-—

berg, is it not? . “A... YVes,-sir.

Mr. Gartenberg, where do you live?

ae In Los Angeles. i ae |

. OQ. Are you acquaifited with the defendants in

this case? ‘A. Yes, sir:

Q. W ith which of the: defendants are youae-

quaintted.. ies Gee

AL Practically all of them, I guess.

Q. W i you point out Mr. ~Moncharsh? You/

know him, do you? A. Yes, sir, es

Q. Which is Mr. Moncharsh ?

Mr. Faulkner: : e will identify them:

The. Witness: Mr. Moncharsh is sitting at the

‘desk, there.

Mr. Pratt: Q. chin know Mr. Berman ?

A." Yes, sir. > | es :

A, The fellow with the glasses, there. [1867]

AQ... The fellow with the uae the first of the

a three men ?

Le And Mr. Menges, do you know him?

_ A. - That-is ae

Q, Do you know. Mr. Goodard ? ees

A. é ‘Yes, sir. . : yee ve eae

“A. The one next to dim.

A. Not very: well. . I, have seen him there.

i . . e : . e

’

x of}

2068 Nye & Nissen and A. Monchaish

(Testimony of Frank Gartenberg. )

~Q. You recognize Jiim, do you? hey

A. Yes, sir. oo Pee

. e-"4 : , oe .

Q. As the third man?) . <A. Yes, sir

/ Q. Very well. Have you been in the employ of

Nye & Nissen Company? | A. Yes, sit.

Q. When did you go into their employ ?

A. I believe. it vas in 1940.

—Q. Whereabouts ?, eee! Pa Los Angeles.

Q. What position did you occupy ?

A. 1 was wit! h—-L had my offic ‘e with the Ritz

lee Cream Company, Which was a subsidiary of

Nye & Nissen, cut d f-was handling the ice eream

“account, selling, and at the same tine Se Ming but ter

and eggs that N vye & Nissen pac ed. .

Q. You were an employ ep of the Ritz Lee Creanr

Company. at that time?

~n A:. At that time, ves, sir. :

‘Q. \Did you later go. into. the employ of Nye &

Nissen}

the -iee

y y. tae i

ream company? 9-0 7s |

it isight, When they Ak the icé @ream

company I was ordered by My. Moncharsl to open.

an office and establish myself as N ve & Nissen, Los

_ Angeles. [71868] poe: | a

ee Q. ‘In that: connection. did’ you talk: personally

| - with Mr. Moncharsh on the subject.

A. Yes, SS) aaa

/Q. “Whereabouts? ee |

A. You mean regarding establishing in Los An-_

: “gels |

Q. Ves.

the corporation. which held the interest in:

us. United States of Anne rica 2069 ~_

(Testimony of Frank Garte nberg. ) .

A. "Phat order. Was through a letter.

Mr. Faulkner: Is this offered against all de-

fendants ¢ | | tee aa ab

“Mr. Prati: Tam talking about Mr. Moncharsh.

Mr. Faulkner: I am asking you if you are ofte I

7 ing this evidence ag ainst all the defendants. 7

Mr. Pratt: 1 ami offering this evidence as to all

the. defendants as to the fi first count of the indict-

- ment. ere i 3

Mr. Faulkner: I submit: your Honor, the con-

versation hetween two men in relation to the estab-.

Hishment of a business would not be a conversation

‘in. furtherance of a conspirsey, and it could .only

be a binding onthe parties to the. conyersation at

‘the very best. f

. The Court: I will allow it as to the first count .

of the indictment. : ; has sae ae

Mr. Faulkne ‘rz. As to all the’ defendants?

The Court: As to all the defendants.

Mr. Faulkner: Exception: : ee

-Mr. Pratt: Will vou read the “question ?

(Revord read. ). een ES ese

Mr::Pratt : Q. You had a letter from Mr. Mon-

charsh? | . A. . Yes, sir. [1869].

\. a Have you got that. letter? , ff

A.. I believe I have. a ee

Q. At all events, did: yeu then establish ¢

* Office for Nye & Nissen in Los Angchiet

A. Yes, dir.

@. Where was that office established?

2070 = Nye d& Nissen and A. Moncharsh.

(Testimony of Fr ank Gartenberg. ) Nene ue

A. At Seventh and Central, Produce Buildin.

That is where the market is. :

Q, When did yeu take office as the manager of

that ‘Los Angeles branch? , ; ,

A. od don’t remember. the exact time, “but I Ke:

lieve it was in 1941.

Q. “While you were operating that office did Mr:

_ Moncharsh come down to Los Angeles?

eee eae

as 3 sir fon various’ oceasibns he. visited.

Q. What’ conversations did you have with him

on those occasions when he went to Los Angeles?) - .

Mr. Faulkner: [| submit, your, Honor, that con-

versations of that type are not admissible against

Mr. Berman, Mr. Menges « ov Mir, Goddard on any:

theory. of.the law.

Mr. Pratt: If the Court please, we have shown

28 conspiracy, a cone ert of action among all these

: defendants. Co el or soul

Mr. Faulkner : ‘That evidence e-elaimed. by | Ma.

Pratt. I lain: he has not made, but: theres «: an be

no. question that it, has ‘heen esti ablished, Beyond ”

peradventure of a doubt that .the firm of Nye & m

Nissen have been engaged | in ai business over a

I ng periog af time. ane

- The Court: We are not ‘concerned - about time

here. The Court’ is: prepared to rule. | Towill How

the testimony, [1870] _ Bes Oe: s.

Mr. Faulkner: “Exception. I add- ‘the objection

that it is hearsay as to the defendants. |

"The Court: T will allow it as to the. first count

of the indictment. Fe ON = ¢

= ae 9 wilt States, of America <a. =

‘ (Dastiunony” of Frank Gartenbe Tes,

Mr. Foankknuer: Exception. .

‘Mr. Pratt: (). What conve rsations’ did you have —

“with Mr. Moineharsh on the-occisions wen he went.

to Los Ange ‘les, to the office there that you, hed

_ established ? EMaeet pad Wein

A. Well, ‘E just—T don’ t remeniber exactly ial

what: they were, but they were. pertaining to the,

butter and egy business. | . , ae

Q. Pertaining to the manage ment of that branch

“of the busine ss? A. That is right.

.Q. Who else was employed at that office ot Nye

. & Nissen in Los Angeles? - ie .

— A. Mr.-Samuel Baum.

(). ‘Sam Raum? ae ‘That is right.

Q. Whe is Sam Baum? /- . oe. v

A. He ‘is theson of one of the partners, Baum

and ~Moncharsh.- He is the son of Abraham Baum.

Q. Has Abraham Baum any interest, so far as

you: know, in Nye & Nissen ? a at aps

he Bo far as, I know, he is the - senior partner,

Baum and, Mone ‘harsh, Nye & Nissen. ;

0. Who else is employ ed in this office in Los *.

Angeles? se Se areye eee ie Y ie

AX Mon Tors Meme es

~Q. Mrs. Dora Weinstein, and who was Dora

’ Weinstein ? f

A. DoraWeinstein is a sister of ‘Abe tone harsh,

Q: | Whay did she do there at the office ?: pe

A. Well, she took en care of the clerical

RE fs 28 ‘ ie SSE

. Mr.’ Faulkner: a Object torthat as hearsay as to.

the defendants, your Honor.

¢ Testimony of Frank Gartenberg.)

The Court: The objection. will be ‘ove eruled,.

Mr. Faulkner: Exception,

Mr. Pratt: -Q. What did she do?

- A: She took care of the clerical work, and she

helped in the management of the branch.

Ante

Q.. Were there other employers there, besides—

Mrs. Wcinstein. and yourself and Mr. Baum?

A. Some time‘later 1 belicve—2 don't know for

how leng—-I had an ege vandler there that eandled -

eggs. ;

(). ‘Does than _comstitg | the entire force ther.

A. “That is right. |

A. I did later on, I helieve in 1943, either 1942

or the vas ae of 1943, when T has rented a ware-

house. | )

+ *Q. What kind: of a warehouse ‘was this?

A. A regular warehouse.

Q. . How large a building?

A. Oh, it was about—TF- think. about frets to fon ;

_ thousand: feet, square: feet.

Q. Did you have other enpleyessy then?

A. That is When’ [. hi ud: anotner i man” to he lb

éandle eggs. — Hina Pa

pps Are you a candler yourself, Mr- Gartenbe =

_ A. Yes sir. a gy,

Q What. experience have you hac in the. egg

: business ? | What had you had prior to the time that:

you went with Nye & Nissen ? [1872 ,

A. | practically grew up in this business. My.”

_ Uae United States of Ame rica WT:

O°

( Testimony, of rank Gi: ute riser ty,

fathe owns In this bus sinless rnd, = HEATED lly we hed

right: ‘inte it pallens ae Sok

QQ. Yoru were accustomed personntly te onlay

“eyes? A. Vea nin, §:~ -

Q. From what age ?

A.. Well,;-1 believe I starte a candling ees = when

; :

IT was about ten. ‘ :

Q.. And you | have been doing it ever since?

~ A. Yes sir. crag haw. Sait | .

Q. Do vou reeall ‘the receipt ofa quantity “of eLys

An January or February, of 1943 as manager of-the .

( Nye & Nissen. hranel: at Los Angeles ?- |

A. Yes, we received quite. a few eggs at Shat

time of the y Year. < + 5s - be

Q. ‘Do you ‘remember cemain. cases of egES th it

were placed in ste rage at the Terminal Refrigerat-

ing Company in February 6f 19437 °°. | ae

A Tekh e P

Q. How many eggs eame at that time. de you.

remember ? aes .

ALT here were two carloads of eggs that came

‘in.from Minnesota. One was consigned to ‘erminal

inf) Mi, nesota, One was consigned to ‘T

Refrigerating Company and another car was eon-

signed to the National Lee and Cold ‘Storage Com-

pany.- ..- - yo ag

Q). And the car that was consigned te the Na-

fionals tee & Cold. Storage Company.- did that

main at the plant? ek : .

AY No sir, That car at the Nation ral contained:

butter and eggs, and alse the eggs were large. eyes

5 aif medium ges, and part of the car wos butters *

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.