Taking " Sweet Caporal" and " Triple Crest," the alleged imitation, witness said that the " Sweet Caporal," was a superior class of cigarette. The general retail price in Shanghai was twenty cents per packet. The packets ore the name "Sweet Caporal,"" over a a cap or fez and underneath the name "Kinney Bros." The figures fon the packet stood for the number of cigarettes in the package. Witness The teteleedosmurk. "On the top was not to say what constituted
the package were the large figures "999." The San Shing cigarettes were called "Triple Crest." The packet bore the name of the company, with Chinese characters on either side. He not know they were the defendants' name 9 in Chinese. Witness did not attempt discover what the characters meant. If h did not pay any attention to. the characters he could not say whether the Chinese purchaser would. Witness was assistant manager of the plaintiff company in Shanghai. He had been here for three years. Witness called the "Triple Crest" Inbel an imitation of that of the "Sweet Caporal" label. There was nothing to cause the two brands to be mistaken by the European mind. decidedly suggested that the brands might be mistaken by the Chinese mind. The coolie class would not be able to distinguish between the two brands. Witness had no experience of selling cigarettes to coolies; he could not cite w concrete instance of a coolie being deceived. These cigarettes were purchased more by the middle classes. Witness had been connected with the plaintiffs ever since they were incorporated His company had never imitated trademarks. He knew the Dragon" cigarettes manufactured by the Mitsui Company in Ji He did not know whether their cigarettes had a large sale in China or Japan.
Mr. Teesdale submitted that this was not evidence.
Phillips said he was endeavouring to show that the plaintifis were gly of the practice they alleged defendants to be guilty of. If they were to obtain relief they must come into Court with clean hands.
Mr. Teesdale said that he was porfectly ready to call for the fallest quiry into this matter. He submitted that it did not in any way come into this case. His friend was endeavouring to obscure the issue of the case by throwing dust in the eyes of the Court. At the same time, he was perfectly prepared, if the Court wished it, to make statement with regard to this matter. At the moment he did not think it was to the issue.
Mr. Phillips submitted that his questions were perfectly legitimate. He yas entitled to ask questions to show that the plaintiffs had not come into Court with clean hands, and were not entitled to relief. Tt also had a bearing on the question what was or was not an imitation.
The Assessor—Are you going to prove there has been a.case against the plaintiffs? If not it seems to me you I ask us to decide whether this Atocar") is an imitation. If it been taken tht it onetmatier Tt you ings have
are merely drawing in the matter for the Court to draw its own conclusions you are merely adding to its burden.
Mr. Phillips said he proposed to question the witness because it was a matter affecting the credit of the Company. It was relevant to the present inquiry in this way: any one bringing an action of this kind must show that their own hands were clean, Ho was going to show that the plai hands were not. Ho respectfully submitted that the nestions he was now putting would be unquestionably allowed in a British Court.
The Magistrate asked if these cigar-eftes were sold in China, or Japan, Mr. Phillipe—I_ am about to cross-|!
on what has taken place in Mr. Teesdale said that what friend bad to show was that, there had been an infringement, and that there had been some judgement, upon which he could base his cross-examina-
He tion.
Counsel was quite ready to put questions on the point to the witness in re-examination.
The Magistrate asked to see specimens of the cigarettes concerned—"Dragon" and Autocar" brands—and packets were handed up to him. He then said that Mr. Phillips might put the " Antocar™ cigarettes to the witness,
Text read from the printed page and cleaned; old type leaves the occasional error.