The Archive · 1928

A CIGAR MERCHANT'S CLAIM In the American Court for China

Lefore Judge Milton D. Purdy ton December 4 wax opened a hearing of the case of 1. Delbourgo mens for an account-

Hee ave hee cigar stands helo the other th discharging was completed on the The second witness of the after-1th, On the Lith the ship sailed noon was William Paul, Chief Officer Dut without the cargo of 2") of the Kintang, who explained that and the witness recalled hat nse he was responsible for the cargo tested at the way we military had coming aboard and that portion of opened the carte. shameful," he_ said. the alleged needle shipment was saw them stored in the No. 2 hatch, whilst the Store on Bubbling Well Road Mr. S.A. Moss appeared for the plaintiff and Mr. J.B. Davies rethrust heavy: iron bars into a case of Liquids und smash very bottle on the first stra Then followed further tions on the part of My, Schuhl with various results by the Court until Mr. Franklin finishd his ex tion at 12.42 when Mr to ask for an adjournment unt after tiffin which the court grant Hearing the afternoon session was started att o'elvek as both ira and the Chief Offiver, were obliged leave principal witnesses, nis was first in the] and gave considerable] inder was packed away in the art was under lock and key ich was in the charge of the compradore staff and while it might have been possible for someone in that] department to switch the was not of the opi been done, He well recalled seeing the cases! as they came aboard and stated that} they were strongly bound in pine boxes and were very heavy. He estimated their weight as in the ciahourhood of 120 pounds each and fated further that after the bullet had been found he weighed roughly one tin of bullets with one tin of testimony about what he knew of needles and found the weight fairly routine shipping methods on river] ten, steamers, necessarily which he explained was limited as he was con-Identification Marks cerned main: with the navigation Mr, Paul had been excluded from of the vessel lo the Chief Officer the room whilst Capt. Richards was handled the details of looking after giving testimony, at the request of the cargo.

Mr. Schuhl, and while under eross-examination by the attorney for the He admitted that, so far as he respondent stated that each tin was Knew, the cargo was axal ined by the Customs at Shanghai cing transhipped—up-river before marked with a paper stamp th bore either an "A" or "S" inside cither a triangle or diamond. It was though he could not state whether it four months ago and he was not hind been done in thi ease, he believed that to be the usual pro-quite sure of the details, cedure.

Again the counsel clashed when Possibility of Chansimg Mr. Schuh! attempted to pin the wit-

Under cross-exami {ness down to a definite statement}

Schuhl he failed to recall fas to the mark, bur the Court: though most of the business was in cigars and cigarette on he opened the cizar: stand in Lane Crawford & Ca, and the Arcadia Cigar Store on Bubbling Well Road and some three years ago, he found it necessary to xo to] the States and made an agreement with the defendant to take over the business, liquidate the ciser stock of the El Oriente Tine then stored in godown and continue the dae stands with a certain percentage of profits to be paid the plaintiff, The agreement was made in a letter which has since been destroyed and the plaintiff had considerable difficulty in informing the court as to the contents of the letter.

Mr. Delbourgo proved an exceed-several conduct the testimony itself in order to get fat the root of the whole matter.

Whether from a misunderstanding of what infor was wanted, or whether from an obvious nervous-ce in court, the wit baffled and greatly hindered the rapid pletion of the case.

Text read from the printed page and cleaned; old type leaves the occasional error.

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