March 28, with Mr. A. J. Martin, the Repistrar, sitting as judge, Abraham Brothers sued sage Cohen on a judgment summons for Tis, 317.75, due since September, 1924 chen the plaintists won an action defendant sued them, received judgment for a counterclaim for this amount, In the witness box the defendant stated that he approached the plaintiffs soon after the original Julyment had been given against hin and they agreed that certain. shipping! charges and allowances which, he alleged, were owing to him' by! Abraham Bros. should set off the amount claimed. The plaintiffs hold him they were about Since then he hed heard from th Under cross-examination he ad mitted that two judgment sun monves had been served on hin, Lut said that thes were for lawyer's fees and a different matter altogether. The plaintitt appealed to 1 Judge's notes on the two sun mons and it was found that they were for the amount claimed. The defendant persistently interrupted the court with particulars counter-claim he ie to tile and was told to stand down, David Abraham, one of the plain tiffs, stated in the box that none of THs. 817.75 had been paid by the defendant, "He so the defendant had been for some time out of employment, but at the middle of last year had been given a job with Tawil "Bros, on a salary of about $200 per month and a commission. He had wen applied for something on uccount of his debt but had received answer, The defendant had racons, he said, though he was living with his sister, "Two days ago he wes engaged to be married," "he said, "and. this roves that he has means to eey a His Honour: "Oh, does it?"
The defendant recalled, stated that was employed by Tawil Bros. at a salary of The, 120 per month, but received no commission. He began mare to int dal abou! his silexed counter eh want share bythe henli. "Hix Honoue Shade an order that defendant *houtd pay §20-a month, bexinninge fro April Mr. Franklin then stated that defendant knew or should have known, when he shipped the needles, that the cargo contained -ammuni tion. Plaintiffs, said counsel, woul show that about bwo weeks after the cargo had been shipped, that defendants had shipped two cases chocolates to the same consignee in Chungking and that these were found to have contained pistols, the ammunition for which was contained among the. needles involving the present case. Plaintiffs, said Mr Franklin, would further state that Mr. Katz had presented a shipping] onder to them and asked to be allotted space for two other cases of chocolates, which plaintiffs would not ship because of the discovery of the contents of the two previous shipments, "Counsel, therefore, asked t Court to award to plaintiffs punitive! and exemplary damages.
Judge Purdy said that he understood that the consignment came originally from Germany. Mr. Kat2 might have been innocent: he might not have known that the contents included ammunition. Even if were proved that he was negligent, was not alleged that he had wil: ally shipped contraband.
Mr. Schuh admitted that the goods came from Germany and reiterated his statement at a former hearing] that they had never come into. defendants? possession but had beer with the Customs all the time. Mr. Katz had never seen or touched the cargo.
Mr, C. T, Tod, maneger of the Indo-China S, N. Ca, testified that he! had been with the company for some 20: years and that for 15 years he had been in charge of tie company's} departments or offices in the out. ports. Witness gave a long deseription of the procedure, in theo practice, concerning' the. shipm and transshipment of goods up the] agents, Tescohina bouts ware poral known as the Jardine boats." The Indo-China 8. N. Ca. was a limited liability "company, "registered Tandon, Witness then explained the Customs procedure to be followed in Shanghai regarding. the release of cargoes and mentioned that, in. the resent ease, the goods. had beer {hipped in the Shanghai & Hongkew Wharf godowns and were accessible]
the shipper, This concluded the testimony of the morning.
Me Called im "Jimmy"
In the afternoon Mr. Tod was crotsexamined at some length by April 3, before his Honour Judge ition D. Vurdy, Mexsre. Jardin by the captain of Kintang. Mr. Tod was quite]
that the Siangwo could not Ichang on July 12 0¢ of last year. is persona pionship with Mr. Kats, of defendant company, he was explicit. He had been once' or twice to Mz. the Indo-Chi Lrought ceylon against the" snereial Expyess & Storage Ca, J.B. Kate) for alleged to out account of the detent we, last and dane Uhrough a Me hail not discussed this ease with] Mr. Kats, who roecived commission]
shipments of which he was the) shipper.
At Tehang, he said, the lighters 10 which the cargo eas unloades} were public Tighters red by th under the needles by dh reich ea heving contain revolver cording to. plainilfs, the Siang weft 8 fon June #8 last reliable Chinese. heard of smuggling and arms-ranning, but personally had not come into contact with it in those wa He!
ined the upon arrival at (can, was sears by the military and thorities, who ming, the needles.
Fra the plaintiffs one resented defer tthe outset, Mr. Schuh! mate 8 motion for an adjournment of the ring ar, he said, he hed found with the manifest and the shipping order.
The Chinese mit had, aecoriing to right of searching right had been Powers. Many of have been opened The right was con onl obtam'ng witnesses fron The Commissioner: objected to memtsers of the Customs ins evidence in Court said that mon when' anything to Pilferaze thd not oceuc Ported into S needles had bes Political Condi witnesses Captain Ralph Tu evidence.
Text read from the printed page and cleaned; old type leaves the occasional error.