tract: the plaintiff bought fran the defendant at auction en August 28th one bale of Datel Drills, which (he defendant refuses to deliver. 1 had formed an unlaw-jury of the owners of the case wax heard first.
ried, examined by Mr.
Twas vseut at an auction at Mr, roon August 28th, and purchased a bale of 42. Edo not know a Tientsin man. L was cixof the other bales ta get was for the convenicace of could not sp ish. [do wer this is custom. w who 3. I paid to ud he went to neie:-—1 do not know how many men were at the auction, 1 think S0 or), "There was no agree-made before hand as to what price should be 1 is agreement of any kind the persons present as far as Tknow. The bid-Ir, Lowe gave mea godown orders 1 know the purchasers of the other bales. nowing whether I should ko or lose by the trans: Tasked for the deli.
omer, I don't know whether the other purchas aid the amounts of their accounts to Tong-san.
would not deliver the goods because he said there was a syucece.
By Mr. Lovwe:—From some shops more thau_one person may have gone to the auction. I paid Tong a cash order on the Meu-kung bank.
Josern M. Tayton, sworn, stated:—I remember an auction beld on August 25th at Mr. Lowe's house, He asked me to officiate as auctioneer, and acted clerk himself. he first bale was sold for Tls. 60, There was no competition. I asked Mr. Lowe when her there was 1S or 30 pieces in the bale because the
chasers. The Chinese said when I called. them in to idders altogether. Eight names were given as pur-ice was s0 low. There were not more than twenty
give them godown orders that one order would do. I have held many auctions of piece goods of late. I was not five minutes in the house after the sale was over. Generally each man takes his own goods; sometimes I have given one order to three persons. There were some people came to me after the delivery was refused, the purchasers and some others. [asked what these others had to do with the case. They said it was a dispute between piece goods purchasers and foreigners and until it was settled auction business-of damaged goods would be fapendod. I should suspect that all were interested. I have repeatedly heard Chinese speak of combinations to purchase goods at auction at low rates and of there having been effectual. Some of the purchasers threatened to prosecute mo if they fail to obtain delivery.
By Mr. Covie:—1 bad no particular suspicion, before this sale, of the plaintiff. I had no reason to suepect fraud when the sale was going forward. The sale was notified only a few hours before it took place, People can generally form an idea of damaged g by examination of the bales. ly after the sale that one godown order would do. The By Mr. Lowest heard the Chineseysay immedinteroom was full when I came, The sale went on about half an hour. They could have arranged to take an order during the course of the sale.
Peter McLras, sworn, deposed:—I have been an auctioneer of damaged goods at Shanghai for a number of years, I have frequent sales; I have frequently sold damaged drills at auction, I haya had reason to Delieve that Chinese sometimes combine at auctions to get gonds for less than their value, I have postponed gales when the prices brought were not satisfactory. I leave the matter of delivery to my compradore who generally acts as clerk at the sales and guarantees buyers, By Mr, Cowie:—U have never known a whole room. ful to combine. I know Chu Ngo Chun by sight. 1 have had business dealings with him. I know nothing against him, GesTAY Anosesivs, sworn, deposed:—f am an auct> ioneer of damaged goods, and have Frequently sold Dutch drills. J have examined one bale of goods No. 42 this morning at Mr, Lowe's god own. 1 took a look at the others. Ihave sold bales like No. 42 for Tls. 90. There was very little difference between that and the other bales. the bales should not have sold at a difference of from Tls. 10 to Tls. 20, I have heard of combinations among Chinese. I make the account for each purchaser separate. Whether they. take joint delivery or not I do not know.
By Mr. Gowie—The bales examined had been cut. 1 have seldom' sold damaged drills at less than Tls. $4. I have never sold those half damaged. I looked at all the eight bales, they were of the same description. don't know the price they sold for. The price depends a great deal on the attendance, which at such sales is generally good.
By jr. Lowe:—Kilty to eighty persons is a good ea, being warned, deposed:—I am Mr. Lowe's mpradure, and was present at the auction on August th. L saw eight bales of goods sold. I recollect first bale sold for Tls. 60. Ihere was only one Lid. I heard several persons say that the price was too high and that they ought to sell for less. 1 bid Tls. 48 for the last bale but was over bid.
By Mr. Cowie:—1 do not know that there was any association to buy at low rates. Goods of the kind ought to sell for more than Tis. G0.- L have no fear to speak the truth. 1 heard the purchasers say that one order would do. The people gathered some time before the hour for the sale.
Woxe Paw Stxe, warned, deposed:—I am Mr. Lowe's boy. I remember the auction on August 2Sth>> I heard nothing before the sale to indicate that there was a combination among those present, I saw a reproduction prohibited without permission.
Text read from the printed page and cleaned; old type leaves the occasional error.