# Record P — Nye & Nissen v. United States (No. 228) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386406_0128%3A32 ## Record - **Collection:** Supreme Court brief - **Document type:** Record P - **Published:** January 1, 1948 ## Text { 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. ; S ~—-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 .: é 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: | .- J 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. ? e ‘ on -“ bo vs: Uinited States of Ame rica. “2003 - e (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. | a + ¥ ~ 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: mh eases: “unopened and one’ a ‘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. e f - Q Dawe of vour original record? Pere ee “myse af. oe ov 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 _ 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 oe 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 6 ~The Court: © Q. What did ¥ou and Mr. _ Wirth Yee LE via ess ° ttt ete he es ae VE TES PR an, Pe a 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- ae 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, 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 "a § 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 oO he Petes to Bd “ . Pens PUNE Yc ee ie aE > Te ies bs abn aha jer et ei eae nin, ie a certng er 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 ry 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.) . 1% 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 © Q. The ebb seasan of the year, ax far as quality is concerned, 1s when? ? ; ; > A. Generally in—well, there are two. low: sea- sons, renerally along ahgut the month. of" July to 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? | i7 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 | g 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 a . “ . ° ® 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] . ‘ ; ‘ ° \ A; Then? vou met him down there, .is that right?” / & ° . ere oe . & fii ie He Zs ODED ORS aad Lie Mat oot 0 o 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 * ay i: — 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 | a - 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 oO 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? “% hs Py . orm oad Ky P 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. (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? ; 4 _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: 4 Mr. Faulkner: Did your Honor rule? | 2 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—*~ 93 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, at . firms,.some to use candling tickets—— - AG 7 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 D 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 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 of ™ 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 a 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 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 - Cc ? ‘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. 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 ? , cr > 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? © whetbéer: the egg is ‘fresh “orgstorage. iar oiehtgt oe svi. 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 od 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 G - 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. I 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 — The Court: © 1 am not indicating what. Mr. Prati 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 4 + a wv. = " 2052 «= Nye ds Nissen and A. Moncharsh. “CTestimony of Almo G, Abell,) Ss that ship - 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 sr 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 ; . 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. * 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. . @ , 4 ? ° “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 \ a 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. a _— , 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 : “©... "Which i is Mr. Ber man? 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 ().* Which is Mr. Goodard? © = “A. The one next to dim. A. Not very: well. . I, have seen him there. i . . e : . e ’ x of} ae 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?) .