Page
March 18, 1907.)
His Worship -He cannot say it is his privilege.
Witness--- It business.
might be injurious to my
His Worship-Can't you get a subpons to | have the letter back ?
Mr. Bration-I am sutitled even now.—
His Worship-I will adjourn it if you like. In the meantime I will look up the point.
Mr. Brutton-As your Worship pleases, His Worship-Has Mr. Stephena objection ?
Mr. Stephens - I don't object.
any
His Worship-I am sorry that this delay has been occasioned. I had hoped 10 finish this morning.
Mr. Brutton-If the prosecution pat all these obstacles in the way, it can't be helped.
Mr. Stephens-To save the time of the Court and avoid all this ar ument and bickering I would advise my client-learing the legal question to be decided either by your Worship or by the Supreme Court to make a statement with reference to that letter, the question of relevancy to be argued later. I say it is irrelevant and I ask your Worship to put that down. That question can be decided at the Supreme Court.
Mr. Bruttoo-It will never get thers. Mr. Stephens-I have a right to reserve my right. He is quite right to refuse to answer the question because it is irrelevant.
Mr. Brutton-I submit it res's entirely with your Worship to say whether that letter is irrelevant or not.
His Worship-Mr. Stepheus has seen the letter and it is easy enough for his client to answer the question. I think I know what Mr. Bratton wants to prove by that letter. I think Mr. Bratton should produce that letter aud ask the question.
Mr. Stephens-We have something to guard ourselves against. That letter might affect my clients' business.
Mr. Bratton-You are trying to affect my alient's liberty.
Mr. Stephens-If your Worship says he is bound to answer the question I shall be bound by it.
His Worship On what grounds do you object to the question being answered?
Mr. Stephens-It contains references to the manner in which the con pany conduct their business in this colony.
His Worship-As a general rule a witness can't refuse to answer any question merely be cause it relates to private mattors. If you like to have a consultation with
Mr. Stephens-I have bad a consultation with
your client him since Dine o’slook this morning.
His Worship-It will be ruled out by the Crown Solicitor if that is irrelevant.
Mr. Bratton-It will be produced again at the Supreme Court if it is out out,
His Worship - The unfortunate part of it is that I think it is relevant and admissible.
Mr. Stephans-My client has heard your ruling.
To Witness-You are prepared to answer that question on that explanation ?
Witness.
Yes.
CHINA OVERLAND TRADE REPORT.
Mr. Frulion-You know what is in the letter P
Witness—I am not prepared to answer tha^. Mr. Bratton-You`deoline to answer that, Is that what you mean ? Yes or no?
Witness did not reply.
Mr. Brutton-Do you decline to answer it ? That is my question, Mr. Harrison.
No answer.
His Worship-He says I cannot answer. Mr. Bratton-He says he declines to answer. He knows what it refers to So do I.
Witness-I have given you my answer. Mr. Bratton--You bare not. Witness - I have given you my answer. Mr. Brutton-I shall make application to commit this witness for contempt. I am entitled to-
Witness-I shall not use the words he chooses to put into my mouth.
His Worship-The question ask- d is : Does this letter refer to Egyptian Delight" to- bacco!" Mr. teptens is here and you can clear up anything you like under re-examination.
Wither~~{ will give you an answer.
That letter does not refer to the ***gyptian De. light" tobicco which in the subject of this charge.
Mr. Bratton-I will ask you another question, Doen it refer to " Egyptin Delight" tobacco ? With-It does not refer to the 100 cases, the subject of this obarge.
Delight" tobacco generally?
Mr. Brutton-Does it infer to " Egyptian
Witness-It refers to the 100 a ses of tobacco which came by the-
consignments which are always burnt on the Mr. Bruttu -(reading) —“ We have frequent
whatever." foreshore here because they are of no value Dces that paragraph refer to 'Egyptian Delight TM tobacco ? answer,
Witne-s-I have given you a
Mr. Bratton-You have unt
Inficient
177
| That is the question ? --- We have reosived from Amerios. I must put it that way. I am sorry, but I must.
|
Mr. Bration—All right.
You have reosived from America similar tobacco ?—Purporting to be similar.
Do you as a branch offios in Hongkong deal with other people in Americs than the American Tobacco Company ?—You.
You do. Do you receive from them “Egyptian Delight” tobscoo ?—Tobacco is skippel.
Enough--I ask you a plain question ?---There is a mistake in the letter. That is why.
We don't want any mistakes. There is pinia statement to go upon ?
Mr. Bru ton then repeated the question. Witness—" Egyptian_D-light tobacco is shipped to us by the British America Company. Well, then, call it the British America Company -I think not.
You know yon are the manager ? –I think wo do not now. I don't know.
What we have done in the past I am only speaking of what you know ?—I think not. "A man can't say any more than he thinks.
Then we may take it that this letter refers to you by the British America Tobacco Company only to Egyptian Delight" tobacco consigned in the United States ?—I think you may take it so.
You are the writer of this letter?—I think 'you may take it so.
can't make me my so.
I want a plaio answer. Yes or no?-You Question repeated.
Witness-What company did you mṛ, Mr. Brutten ?
Mr. Bratton-British America Company. There was a mistake in this letter.
When you wrote America Tobsooo Company you mean the British America Tobacco Com- pany?—Yes.
Then you say that the 100 same referred to the Company's business,
Witness-I cannot say without prejudicing in this letter did not form part of the consign-
Company's bu∙iness.
Mr. Bratton...I don't care about
the
Witness-I don't suppose you do. to " Egyptian Delight" tobacco ?
Mr. Brutton-I ask you if this latter refers Yed or no.
Witness-It would not be fair to myself to answer that.
Mr. Bratton-Idon't care about the Company only fair to my client. or yourself. I insit upon sa spower. It is
Witness-Sufficient has been said about this. It is not what you consider. You are here to Mr. Bratton-I am the best judge of that. answer questions that are put to you.
Witness-I am prepared to answer the ques- tions put to me in a decent and gentlemanly
manner,
that
Mr. Brutton-I repeat the question. Does letter refer generally to Egyptian Delight" tobacco ?
Witness-I would like a consultation with my solicitor, with your Worship's permission,
His Worship-I think the witness is entitled
to that.
Mr. Bratton-Will your Worship note that Worship. If he declioes to answer any question Mr. Bruttoa-I don't think he is, your he refused to answer the question ?
Mr. Stephens He has not,
which the Court permit he shall be guilty of contempt of Court.
Mr. Brutton-Now, Mr. Harrison, was that letter signed by you?
Witness-Look here, Mr. Brutton, I am not going to have answers pat into my mouth. I submit I ought to give my evidence in my own way in my own words, Mr. Brutton is not to say what I have to say. If I am compelled to say what Mr. Bratten diotates to then I must refuse to answer.
me
Mr, Brutton-Is this letter sig ned by you? Witness-I wish to make a statement, His Worship-Yon bare a perfect right to make any statement under re-examination.
Mr. Bration-Is this letter signed by you? Witness--yes.
Mr. Brutton-Does this letter refer to “Egyptian Delight" tobacco ?
Witness-I cannot be made to impart any! thing which is not there.
H
Mr. Brutton-Does this letter refer to Egyptian Delight" tobacco ?
Witrea-Let me look at the letter,
Mr. Bration hands the letter to him.
His Worship-I think the witorm has a perfect right to see his solicitor.
•
Mr. Bratton-If be declines to answer civil question be abou'd be committed for contempt of Court,
Mr. Stephens He does not deolina to
answer.
Solicitor and client then leave the court. On returning. --
Mr. Brutton reports the question. Witae The letter refers to a shipment of “Egyptian Delight" tobaccɔ.
quoted ) refer to “Egyptian Delight" tobando? Mr. Bration-Does this paragraph (already Witness—In certain circumstanove it does. Mr. Brutton-Have you received consign. ments of tobacco from the Americas Tobscon Company in the United States similar to that “ } gyptian Delight "?
Witness-We have reosived from Amerion similar shipments.
Mr. Brutton-Have you received_consign- ments from the American Tobacco Company.
・
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ment which you my was stolan ?—They are not. Ware instructions given that the osses arriving by the “Lowther Castle” were to be destroyed - Yes.
About 5th or 6th or 7th February ?—Yes. Witness
gare evidence that the portion of the tobacco in the hands of the polios referred to the shipment es · Lowther Castle" alluded to in the letter which was to be burned. He made a
mistake the previous day when he mentioned that • certain consignment same _by_the "Nabia ". It should have been the “ Verona”,
Witness was question'd as to when delivery had been taken and replied that he could not answer the questions asked without a reference to documents.
A dispute arose as to whether witness mid be took delivery of the goods. Mr. Stephena denied that the witness admitted taking delivery of the tob1000 and explained that the misunderstanding arose because Mr. Bratton asked his questions so quickly,
Mr. Bratton-Do questions haphazard ?
Mr. Stephens - No, I do not. Witness-These were Mr. Brutton's words and not mine.
you think I ask the
Mr. Bratton then served witness with a subposas to produos certain documents, and after further discussion adjourned till after tiffl. ---Oar samlog.---
the heiring wa A press copy of the letter in dispate was think he had power to withdraw the original handed in, bat his Worship mid he did sot oopy of a letter påt in and replace it with press copy.
Witness was oross-examined as to godown rent receipts.
Will your books show when delivery taken ?— I'm afraid I can't claim much acquaint- {ance with our books.
Will you be able to produce your rent receipts —I think so.
Will they show when delivery was taken !---I mmunot say, but I think I shall be able to prosura for you the date whos delivery was taken. produced, your Worship, I will
Mr. Bruttos-Subject to thems pap re further with this vitaea.
Witness—Do I understand sxamination is finished, your W
His Worship-With_the questions which may arias thons deinman