THE LEVY CASE

Dominion, Volume 9, Issue 2866, 2 September 1916, Page 10

THE LEVY CASE

HEARING ENDED

EVIDENCE BY THE LEW FIRM

IGNORANCE PLEADED

MAGISTRATE'S DECISION ON MONDAY

Late .yesterday afternoon hearing was concluded of the case brought by the Crown against Abraham Levy for having allegedly broken his contract for the supply of military garments by sewing the seams of the garments with cotton instead of with linen thread. The hearing has extended over four days, and a large volume of evidence has been accumulated. Mr. L. 0. Rcid, S.M., who heard the case, shortened the proceedings yesterday by 'refusing to permit the re-examination of some witnesses, and then said that, lie would run through the evidence and give his decision on Monday afternoon.

The wording of the,charge against Levy is:— .

"That at Wellington on June S3, he did wilfully break a contract made , by him with the Crown on January 10, 1916, for"the purpose of the present war. to wit, a contract for the supply of military uniforms by delivering to the Crown in pursuance of that ' con-, tract goods which were not in accordance with the terms thereof, contrary to regulation 12 of the regulations dated November 16, 1915, made pursuant to the War

Jiegulations Act, J914."

There are • seven other similar charges conccrning Jnue 27, 29, July 4, 6, 7, 8, and 11/ .

The Crown ivaß represented' in the case by Mr. P. S. Macassey, and Levy was defended by Mr. A. Gray, K.C., and Mr. M. Myers, v

Abraham Levy Agajn In the Box. When the Court resumed, Abraham Levy, the defendant, who had commenced his evidence on the previous day, again stepped into the box, and Mr. Macassey continued his crossexamination. ' Mr. Macassey: During 1916 did you make a good many, officers' -uniforms? Levy: Yes, Mr. Macassey: A great many.' Levy: I think so. I don't know really:. only what I hear.

, Mr/ Macassey: But you must have some idea ? .

Levy: A good many, -1 think. Mr. Macassey: You.gave ns figures of thread you purchased ?.

Levy: 1 did. Mr. Macassey: Was that thread not used in the existing contracts t

I canuot say

Mr. Macassey: You have heard it given in evidenco that your contracts would use up 944,000 yards of linen' thread per month. So your £81 purchases of linen thread would be used up in about.six weeks.

Levy: But you forget that 1915 stocks wero carricd over to 1916.

Mr. Macassey: I have got your 1915 purchase list here. It was £76, and I will give you'that in. Even then.yoiir purchases would keep you going oh yotir contracts for only two- and a half months. What do you'say? Levy did-'not reply. -• Mr. Macassey: You. see,-yon never had enough linen thread for your contracts. What do you say, I ask? Air. Myers: We will call Harry Levy, on that. ' ' v

Mr. Macassey Yes, and Levy says he also -used linen'thread in officers' uniforms.

Would Rather Havo Lost £10,000.

Mr. Macassey: Do you say that the first occasion your attention was drawn to the non-use of linen thread in the seaiiis was when Lewis came to see you when' yon were ill ? Levy: Yes. V ; Mr. Macassoy: Then how do you account for,Lewiis saying that you produced M'Cristoll's .letter to Km? Levy: It is a. myth; ' Mr. Macassey: How do you account for Frost Baying you showed tho lottci to him? Levy: A riiistake. Mr. Macassey: I put it to you, it is something moro than a mistake. Levy: Very well. Mr. Macassey: Do yoii say he concocted this*story—or what? Levy: Put it that way if you like. Mr. Macassey: A puro invention,: ell?

Levy: Put'it that way\ if you like. Mr. Macassoy: When, you saw. the Minister about it, did you tell the Minister you had been deceived by your managers? ■. / " :: Levy: I said they liad not stuck strictly to ths contract., Mr. Macassey: Did yoU say you were, very annoyed? Levy: I said I would rather have lost £10,000 than this should have occurred. Mr. Macassey: Did you, or did you not, say you had been deceived by your managers'r .. Levy: I inferred it. I said I would rather have lost £10,000. I was so upset I could hardly speak to liiin.' Mr. Macassey: I put it to you that when you saw your terrible position, after Mr. Kirkcaldio visited your factory and took away the reel of cotton—— . , ;, \ Mr. Myers: He was very much upset. Mr. Macassoy: Yes. After tlie visit of Messrs. Eirkcaldie and Morrison.

Mr. Macassey: I remind you, Levy, that I say that you then realised the terrible position you were in, and when you wrote to the Minister you -never said a wtird about being deceived by your managers. You said, instead, "1 have not kept strictly to tho .contract." Can you explain why you didn't say. in your letter that you blamed your managers for deceiving you.' Levy: I didn't know how to. Mr. Myers: When you wrote to the Minister saying 'you had not kept strictly to the contract you wrote as the contractor? Levy: Yes,. , Mr. Myers: You; realised that as the contractor you were responsible? Levy: Absolutely. Mr. Myers: Mr. Macassey put it to you that you realised your terrible position. You did realise it, of course?

Levy: Absolutely

Lovy Doqs Not Justify Use of Cotton. Mr. Myers: You realised tho risk of having-large quantities of clothing thrown back on your hands K Levy: Absolutely. Certainly. Mr. Myers: When you saw the Minister there was 110 suggestion of prosecution ? Levy: None—absolutely. Mr. Myers:'You don't suggest (about that letter) that Frost and Lewis are deliberately stating what they know to be untrue? Lovy: No. Mr. Myers: You say they are mistnkon? Levy: That is what 1 say. Mr. Myers:'You did jml nttenipT-*0 justify the use of cotton thread, having regard to tlic specifications? Levy: Absolutely 110. Mr. Myers: You keep stocks of linen and cotton threads for general use as a clothing manufacturer? Levy: Yes. Beaumont Mapplcheck, fjtnoral manager for W. J. Staples, hoot factory proprietors, was then called.

Mr. Myers: You have 110 interest in Levy or his case ? • Witness: None whatever. Mr. Myers: You have some dealings with the Defence Department? Witness: We sometimes make boots for tlie Department. Mr. Myqjs: This is a letter from the Department which has only left your hands this morning? Witness: Yes.

The Letter Mystery Again. Mr. Myers: V.'lmt is the date of that letter? . Witness: It is dated April 18. Mr, Myers: Yes, April 18, and that is important, because the witness Mossip said he remembered posting M'Cristell's letter to Levy' (drawing attention to the non-use of linen thread) on the same occasion as lie delivered a letter to a boot'firm in Ghuznee Street. Witness : I see. . Mr. Myers: Now, when did you receive that, letter P....-

Witness: On the evening of April 18, I should say. Mr. Macassey asked that Mapplebeck should ascertain if lie had received any other letters from the Department on or about April 28. Mapplebeck agreed to go to his office, and do so. Benjamin Levy, employed by defendant (A. Levy) as foreman of the clothing factory, was next called. _ Mr. Myers: Were you foreman while Mr. A. Levy was in England?

Levy: Yes. Mr. Myers: Who was associated with you?

Levy: Mr. Harry Levy. , Mr. Myers: What was his capacity? Levy : Chiefly, outside, office, buying, and; so on.

Mr. Myers: The business is Mr. A, Levy's? •

Levy: Yes. s Mr. Myers: Has he, since his return from England, .taken any interest in the management of the factory?. Levy: None at all. .Mr. Myers: What time do you start of a morning ? ' Levy: Eight o'clock. Mr. Myers: And Mr. Harry Levy? Levy:. Seven o'clock. ■ Mr. Mvers: And your father ?

Lovy:-.Perhaps-eleven o'clock; perhaps he would not come down for a couple of days at a time. Mr. Myers: Wh6n. your father did come down, where would he generally be locatcd? N Levy: In the warehouse.

The Machinists Us# What they Like. Mr. Myers: He has private affairsproperties, etc.—to attend to? Levy: Yes. Mr. Myers: Who opens the letters in the morning? Levy: Mr. :H. Levy, or myself. Mora frequently Air; H. Levy. , . Mr. Myers: This is the letter o! April 28 (re the jion-use of linen thread). v Levy: I have heard of it—yes, I have heard of it. / . Mr. Myers: Did'you open that in tho mail? .'- Levy : No. Mr. Myers: Did yoii see it ? Levy: Never before this moment. Mr. Myers: You see now it is of some- importance?' Levy: Oh, yes. Mr. Myers: Is it one you would have ignored ? Levy: I would not have ignored it. : Mr. Myers: Have you made a calculation of the quantities of thread used in garments? "Levy: I have. This is it:—

';'■/ ■ Tunics, 97}' yards. ;■ Breeches, 45J- yards. ; » Trousers, 43 1 ,- yards. , Overcoat; U4BJ yards. Mr. Myers: Have you ever made such a calculation belore? Levy: Never. •> : Mr.-Myers: In making a calculation when tendering do you take the quantities of. thread into consideration ? Levy: No. Mr. Myers.: It' is too small a matter? Levy: Yes. Mr. Macassey: You should not suggest the answers. . Mr. Myers: It was obvious. Mr. Myers: Cotton thread was.used in some of the garments—was it not? Levy: It was. • ' ' - Mr. Myers: Was it used in all the garments? ■ Levy: No- Not at all. Mr. Myers: Who is responsible to see what/is used? Levy: I am. Mr. Myeis: Can you explain how it happens? ' .Levy: Well, the machinists use what they like. If "a girl , finds one thing running better than another she goes and gets a reel of cotton or thread accordingly.

/ Never Read Nor Seen the Specifications.

Mr. Myers:. Why did you not,, see thai linen thread was .used:' You are the person responsible? Levy:.! did not know it .had to bo used; - , •, Mr. Myers: What! You Had.never read the specifications? Levy : No. I Had never seen them. Mr. Myers: You have seen thenl since. ■.

Levy : Oh, yes. Mr. Myers: You knew that a sealed sample was made? . > Levy: No,M did not. Mr. Macassey: "We will have that, answer down. . . . Mr. Mvers: Some one made a sealeq sample. 'Didn't you know about it? Levy: 1 knew the Department had a sample," but I did .not know we had ° U ji r . Myers: Well, on what basis were tho garments made? " Levy: 'ihe same as- they used to bo made "before. Mr. Gray asked if the witness's examination could bo broken off here, so that a returned soldier could be called.. The returned soldier was suffering irom a disability,' and wished to get away. Mr. Macassey: What is he to be called to prove? . - ~. Mr. Gray said the witness would testify to the serviceability of the garments. ■ ■ ~ , Mr; ■Macassey: Then I object. Mr. Gray: I expect you will. . Mr. Macassey: Ihe,-whole pomt IB this case is whether/Levy used lmen thread in breach of_ his contract. I object to the admission of a whole lot, of irrelevant evident. If admitted it would entitle me to get in a whole host of other evidence. His Worship: 1 doll t tlnnk na should do anything to prolong the case unnecessarily. I don t propose to. The case . has already dragged on a long time. .

A Uniform from ths War. Jlr. Grsiy said he proposed to call evidence that uniforms that had seen muclrcampaigning were found by experts now to be thoroughly serviceable. •'lt goes to the root of this case. If the garments were .unserviceable that-would-be directly against the Rood con- , duct of the 'Avar. This is very important. Mr. Macassey said in his opening address that if the charge ia proved a heinous offence has been committed. * Mr. Macassey rose to again address the Court. .

Mr. Gray: You have 110 right to speak again. Mr. Macassey: Oh, yes. I want to point out to tho Court-— .Mr. Gray: No, no! Yon have already done that!

ITis Worship: T don't think we want lo start- a game of seesaw. I don't think Mr. Macassey need argue" the matter any further.

His Worship decided to admit th« evidence subject to the objection railed.

Wm. lnglis Ward, a farmer, .at present living in Wellington, was then

-called. Ho said ho was. a returned sol- ■ dier, who had gone to' Egvpt- with the , Slain Body, and afterwards to . Gal- ; Jipoii, whero he was seriously''wounded, Mr. Gray: What,camp did you go io hore? ' _ Ward:Awapuni. Mr, Gray: Did you liavo a uniform served out to you there P ■ Ward: "Yes..' . '. •> Mr. Gray: You w'oro it there? • • Ward: Yes., It had all tlio wear of a '{forking-tunic. ; t ~ Mr. Gray: You wore it, then, ontlip transport-and iu;:Eg.ypt? Ward: Yes'. \ Mr. Gray: Did it have hard wear? Witness: -Pretty-hard, I tliink. It is pretty well worn. ; Mr. Gray: You afterwards went, into hospital. ' v ~ Ward: Y'es, and when 1. came out 1 wore! it .again in preference to tho "Tommy" uniform issued to me. .-Mr. Gray: When did you get back to Now Zealand? ' ■ Ward: On Christmas Daj. , / Mr. Gray: You had then been away for 15 months ? Ward: Yes. : . ..... Mr. Gray :*'And. the-uniform is still good. . - -'v''.: ; , ~ f\ /His Worship:. Do you- know who it was made by?'; : Ward: No, sir. ' ' V Mr. Macassey : Did you over hear any complaints. about uniforms ? ■ . Ward: No,- sir. Mr, Macasscy:. Never? \ Ward: I don't remember''any.. Benjamin Levy was then called inagain. ' He was : handed the garment ji7st produced by Ward. Mr. Myers: Will you tell mo what these seanis are 6ewii With'? ', r- , Lovy (after -an examination):;: Cot- ■ ton. ■. ■ Mr:'Myers' 1 : Can you say.if your, firm made that garment?. - - Levy: No. I ciiiinot -tell. • Tlio ■ brand "has been washed out. . Mr. Myers: Still—did you make-all • the uniforms for : the Main Body? • ' Levy: Y r es; no one else.was.making . khaki then. . ; Mr. Myers: When did you first know of-any trouble about -the I ' sowing of the . ■ seams with'cotton, instead'of linen? Lovy: When Sir. Harry Levy came hack from the Munitions Board. Mr. -MyersWas that before or after Kirkcaldie aiid r Morri«oh!«''visit? ' Levy: I thiuk it was after. • Mr. Myers: That would be July U. Mr. Myers:'Do you remember whatletters your father took to Lewis snd - Frost when you both went up to tho Defence Stores together in May? Levy: Yes, there were two letters. Mr."Myers: What were.they about? ■ : Levy.::-They, wero about,pantaloons.

Made 130,000 Garments. Mr. M3 - ers:.What was the conrersation about? .—.-■" . Levy : Wkoll} ; and solely about riding ; ; breeches._ Mr. Livers: Anything about linen thread ?' ' \ . . ■ Levy: No. '.■. . • ... Mr. Myers: Is there.anything else you can tell the Court ? . Levy: I think so. - Mr. Myers: What? . Levy handed Air. Myers a sheaf'of papers.;. . ' . . Mr. 'Myers: Oh, yes; these are the quantities of garments you have made. " Levy: Yes. . r Mr. Myers: They show that to .the end of. January, 1916, you made 126,87S garments. Then you made 53,000 odd ■under .the present contract, making a ■ total, of oyer 180,000 garments since the beginning of the war. ■ ' : Mr. Myers: You swear you never had any complaint about tho sewing of the seams? . V . Levy: None whatever. "'V' Mr. Myers': 180,000 garments and not -'a complaint • about' seams!.■•";•< Mr. ' Macassey: : Was it your, practice to'put, Sotton into, the iseams lof .gar--men is niVde. under' the" old contracts ?. ~ Levy: Yes. -Jj , .Mr. Macassey: You know that thread •Was specified? , ~ ; ' Levy : We used ; cotton thread. ' :Mr. Macassey: No. . I say' thread, was stipulated. • Levy: Cotton thread was used'.yMr. Macassey: Do you put cotton into the seams',of;ordinary suits?, Levy: No. Mr. Macassey: Wlrv? Levy : Because linen thread is, nioro . convenient. , ; ; : Mr. Macassey: Did you say durable, or convenient? Levy: Convenient. I didn't say durable. Mr. Macassey :" Do ;you reckon cotton suitablo for o'rdinary suits? • Levy: For second-class'suits.- \ Mr. Macassey:.'What do you ' .call second-class suits? . . '_'■ ■; Lov'y: About the cheapest you can buy. / Mr. Macassey:..Dq .you ..think it. is i£ood cnoui?lt for even that? Lew: Yes. 1 :. Mr.;Macasscy: Do you; iliink. Buffalo khaki cotton: good enough for'suits?' Lew: Quite.- v .

Disagreeing with All Hands. Mr.. Macassey: Your, father has told Us he did not think it-good enough. Do you agree .with him, or disagree? Levy: I disagree. - Mr. Macassey: Do you also disagree wi£h the. people who sell it, arid say it is not suitable for seams' 1 of suits? Levy: I do. . ~ Mr. .Macassey: Why? ' Levy: Having made thousands of] garments, and never had a complaint-, 1 think I , am justified.. I : Mr. Macassey: Do you'also disagreed with the two other manufacturing tailors who said it was not suitable? ° Levy:'l have had - more experience than they have. Mr. Macassey: .Answer, mei''.'• Levy: Yes. I .disagree. Mr. Macassey:: Then you disagree with .your, father, with Malcolm's representative (who- sells, the cotton), and with tbo . two manufacturing. tailors, all of whom say it is unsuitable. . Levy: Yes, and may I give my reaBons for disagreeing?. 1 Sir. Macassey: Certainly. Levy: Well, I huvp, had the biggest experience in Now Zealand, and no. complaints have, been made about sew- . ings, so I am perfectly justified in stating : what .1 do. , , Mr. Macassey; father very annoyed with '> yon ?■ ; ' Levy: Yes, sir. Mr. Macassey: Did hc.tell you so? Levy (laughing): Ycs, lie flid. . Mr. Macassey: What' did ho say to you ?- \ : Levy: He. said a lot of things? Mr. Macassey:. Answer.me! What were the words? Levy: I don't remember the exact words. "All Sorts of Fools!" Mr. Macassey: You can tell mo what he said. -Now, tell ine! Levy ' (laughing again): Well, they were rather peculiar words. ' Mr. Macassey: lint what were they? Levy: Ho swore a bit. Mr. Macassey: Out with it! Out with it! Levy:' He said we were all sorts of damned fools. Mr... Macassey: Did he call you rogues ? Levy: Practically. Mr. Macassey: Did he, or did, he not ? Levy: He called us fools. Mr. Macassey: Did you examine the garments you received from the subcontractors? Levy: Yes. . . ■ Mr. Macassey: Did you examino them to see if cotton or thread had been used ? - • • Levy: No, sir. Mr.'Macassey: I understand you lo jay you had no complaint about the .Ssams to July 11, 1916. ; , V Levy: Yes, sir. ' Mr. Macassey; So that we have it

that the Defence Department wroto <* letter'Sll April (which you say you did not rqcoive), and did not it up, or'take any further aotion, till July 11? . ,- Mr. Myers: You told Mr, Macassey you did . not agree with tho view that cotton • was : unsuitable for seams ? Levy: I did;.■ Mr. Myers: You speak of that as ,1 ■ manufacturer? Levy: -Yes... Mr. Myers.: But you don't by that answer seek to justify tho use of cotton? Levy: Oh, 110. Had we known, linen thread was specified we could easily have put it in. Mr. Myers: Mr. Macassey has put it to you that there must have been a good deal of carolessncss on your part on this point. Levy: In not- 1 seeing the specifications*! . : Mr. Myers.;. Yes. Do you admit that? Levy: Yes. I admit it. 1 Mr. Myers put a. question relating to tho uso of cotton in former contracts. His Worship:, I don't think that is disputed. ■' Mr. Macassey: It ■ should not havo been.used, but.it was. ' 'The Key'to the Portmanteau. His Worship: However, I don't think. it concerns us what'was done under -a previous contract. It is a question of what was ,done under the present contract. . It is no use overloading tho case. Mr. Myers: I only want to ask tho witness if lie ever had any complaints about the sewing. 1 Levy: Never. Mr. Myers: There is a question I have omitted to ask you. You havo with you 'a macliino for testing cotton? Levy: Yes. Levy proceeded to try to open a big portmanteau. It " would not open, and someone ran off for a key. 'lhey ; returned with one, and Levy operated on the portmanteau. Ho was still struggling with it when 'His Worship remarked 011 "wasto of time." Levy senior hiirried to tho scone, and att-aokfcd the,portmanteau with a knife. Through a gasli ho backed in; tho sido' tho son ' extracted his testing machine. . Lovy junior made tests of cotton and linen thread, and it was stated that the' tests bad shown, that the cotton stood a test of 81b. ar.d tho linen thread, a test of 9Jib. . Mr. Macassey: Practically the same result as Professor Scott's tests gaveP Mr. Gray:,' No. They were 51b. and GJlb. His Worship : • But both tests show linen thread to be tlio stronger. Mr. Grar: Yes, we must admit that. William". Thomas. Hildreth, waste produce merchant! stated - that he bought old uniforms from tho_ Defence department. The wool portion was sent Home as "nrungo;" and the cotton was sent to-the New Zealand paper mills. He had had a good deal of experience in ripping the seams of garments, and a Imen-sewn seam would rip as easiiv, as a seani sown with cotton.

' still—the Elusive utter. . Mr. Macassey: Wllere is the relevancy' of,this evidence? Mr. Gray: You say it is a heinous offence, and you have called evideiico to tlie effect that cotton is not suitable for sewing seams. \ His Worship: It might come in regarding the question: of damages; sup* posing the Court'decides to convict. Mapplebeck:reappeared at this stage. He: said that lie had. liiado a search (on the : point ■' of the elusive letter written by Major M'Cristell). Mr. Macasscy: Yes:. I asked you to look up and. see if you had received any other letters on or about April 28. - Witness;:'l have'done; so. The only .others wero; pit April, 27 and June 1. . . Mi\'Macassey: That'is probably the letter referred to—April 27.. His Worship: When did lie receive it? . Witness: As far as I know, on April 23, by post: .... Mr. Gray: -The only letter delivered by hand in April . was delivered on April 1.8?. ■ ■ ■' .Witness: Yes. His Worship: I don't think the time which has been spent m trying to disprove the evidence of tlio.lad who said he posted the. letter from M'Cristell to Levy lias been worth while. "We liavo a much more material fact .to get ovgt —that Levy is alleged to have produced the letter to' two witnesses.

Mr: Gray continued to talk on ttie point. His Worship: I really don't think it matters. You-have laboured it a good deal, and tried to impress the Court with it, but I really don't think much of it. '

Henry Levy and the Specifications. , ; Henry Joseph ' Levy, brothor-iu-law of and manager for the defendant (A. Levy), was "called.. Ho said that he was Levy's sole, manager. Mr. 1 MyersYou we're 'at a meeting of manufacturers at which it is said to have been stated that linen thread was to ho used for the scains? Witness: Yes.' I was there. Mr. Myers: Were . you there when that was mentioned? Tlioy say it was mentioned ju?t before the people left the room. Witness: I'think I was the first to leave. Mr. Myers: .There has been, a i;iso in the price of khaki, I think? Witness: Yes, for tho 191.6 contracts tho price of khaki,cloth, was increased. Sir. Myers:" Did you have a copy of the specifications i' Witness: I must have had one. Air. Myors: Did. j'ou read it? Witness; Well, no, . ' Mr. Myers:. Who got the scaled sample, made? Witaoss: I did. Mr. Myers: Did you make it yoursolf? I Wjtnoss: No. , I gave it to ouc of tho hands to make up. : Mr. Myers: With what instructions? Witness: To make one on the lines of nroviotis garmonts. Mr. Myers: Did you know they were not-sown with Knox's thread, but with cotton? How is it you did .not know that linen thread was necessary if you had a.copy of tho. specifications? . Witness: I suppose it is because J didn't read them through properly. I just, glanced casually over them. We had been making for the Department since 1911, you see. Mr. Myers: When you brought your sealed sample back what did you do with it? - Witness: Put it in tho strong room. Mr. Myers:-You did not show it to Mr. Ben Levy? Witness: No. - Mr., Myers: Who usually opens tho letters. received at the premises ? Witness: I do. '• "If You Had Taken Cars!" Mr. Myors: Did you receive the tetter said'.to have been 6ent bv M'Cristell ? -. Witness: No. . ■ Mr. Myers: If you hud spin it. would you have ignored il'' Witness: No. No om> • i ignored it, if thoy were, in their righi senses. Mr. Myers: You recollect Kirkcnldin and 'Morrison calling on you on July 11, when they took this ivel of cotton?. ' _ Witness: Yes. Mr. Myers: What did they say? ' Witness: They took a reel ofl- one of the machines, and said: "What are you using This for?" I said, "Why shouldn't we?". ' Witness wont on to say that be wn« called that afternoon to a meeting at which there wcro present Kirkcaldie,

M'Cristellj Adams, and others. Mattors wero talked over. Later, ho was trilled to the sick bed of Abraham Levy, who said: "You have made a holy mess of things." Witness asked: "How!"' Abraham Levy then said that Lewis had complained about some, of the garments, and had' said bo had sent a lettor. Mr. Who gavo Mr. A. Levy tho particulars for tho letter ho wrote to tho Minister? Witness: I did. Mr. Myers: Well, then, wo know tho trouble bad arisen. What was Mr. A. Levy's attitude toward you? Was if one of criticism or anger? Witness: It was worse than anger. Sir. Myers: AVbo did 110 blame? Witnoss: Ho seemed .to blame me. Mr. Myers: Did you accept • tho blame? Witness: As manager, I had to. Mr, Myers: _ If you bad taken tho caro you certainly should have taken, was thoro any reason why you should not have used linen thread? Witness: No reason whatever. 'It is Extraordinary!" . MivMacassey: You were at tho meeting when it was emphasised that linen thread was to be used? Witness: Oh, yes. I was there. Mr. Macassey: And you didn't hear' tho question asked about linen thread? Witness: No. Mr. Macassey: You say you wero the first to leave? Witness: I said amongst the first. Mr. Macassey: Mr. Kirkcaldie says Uo' ono bad left the room. Is it not strange you did not hear' that question ? Witnoss: Oh, no. I was busy tying I up some samples, and might not havo heard. ' Mr. Macassey: You did not bear! It is extraordinary! Mr. Macassey: Did you not say at tho meeting 011 tho afternoon of July 11 to Kirkcaldie, Adams, and M'Cristeir that you wero awaTo of this condition about using linen thread, 'but 'thought you were entitled to liso cotton because it was of equivalent strength?

Witness: No; Mr: Macassey:'! want that down. I will call •evidence on that. ■ Sir. Gray objected, -"These witnesses have already'given their «vidence." Mr. Macassgy: I am entitled to call them again. '. . . Mi'. Macassey proceeded to cross-' examine H. Levy. Mr. Macassey: Was it your practice to put cotton into tho scams of your ordinary clothing? , Witness': Not in tho first quality. Mi'. Macassey: Do you consider it is right to put it into uniforms? .. Witness: 'The tost of ' years has proved that it is all right for them. . The Closing Scenes. Mr. Macassey: Do you put cotton into tho seams of officers' uniforms? Witness: No. Mr. Macassey.: Why ? N Witness: Because that .is a highgrade article. . Mr. Macassey: AVhat do. yon" put in? . Witness: Linen thread and silk. , Mr." Macassey:. Now, I want. to know why you put.cotton into tho gar-, merits for the men and linen and silk into tlie garments of the officors ? AVitncss: I can't say why. Mr. Macassey: I suggest it is because of tho difference in prico between linen'thread and cotton. Mr. Myers: Is it not a question of higher finish? . -Mr, Macassey: You should not put a leading question of that kind. Mr. Myers: It is common knowledge, .anyhow. . Mr. /Myers: "Well, I will ask him what 'is the difference between the prices of meu'-s and officers' uniforms. Witness: There is no comparison. : Mr. 'Myers: Are officers' -uniforms made to measure? -Witness: Yes. Mr. Myers:.They come under tho heading of tailoring, then? ■Witness: Yes..' . This concluded tho case for the defence. Further Evidence Disallowed. Mr. Macassey:. I proposo now to recall Adams' ami [• Eirkcaldia. Ho quoted authorities lie said proved his right to recall them. Ho maintained . that Henry Levy had stated something (in court) 'which was inconsistent with a statement made by him on another occasion, (to Kirkcaldio and Adams), and that .therefore he was entitled to call further evidence on the point concerned.

. His Worship: I don't really think it matters much.

Mr. Gray :_ Oh, pardon me, it does! Mr. Gray said the rules of evidence wero against Mr. M'acassey's claim.

His Worship: This Court is allowed y. certain amount of latitude'in hearing this case, .but I don't think I can admit a, game of seesaw. If we go on culling and recalling evidence the case will onlv he further prolonged. Mr. Macassey: I don't.propose to call any others. It will only take two minutes. His.Worship: I don't think I will allow them to he recalled. I want to closc the case. Addresses Barred and Decision Reserved. The case was now definitely closed, and all awaited the next movafrom tho Bench; Would- judgment'be. delivered there. and then ? His Worship: A great deal of evidence has been taken in this cayo. 1 am not prepared to give my decision right away; I. wish to look through the 'evidence. ' . Mr. Gray : Does Your Worship propose to hear addresses?• His Worship: It is not-usual. Mr. Gray:' But this is a now procedure. . . . . It means that the ordinary practice of tho Justice of tho Peace. Act, under which ' defendant would have a right of trial by jury, is eliminated. His Worship: You ask that the procedure of the Court should be altered'. I. don't think I will allow addresses. Tho proceedings have already been lengthened out. ' ■ ' Mr. Macassey: There are seven other cases. I presume they will bo adjourned sine die. His Worship: I shall ho able to give judgment on Monday; l I think. It was agreed that, whatever the decision, the other eases will not come on on Monday, as Mr. Myers will be away. . ' Decision in the case heard is to bo given iit 2.15 p.m. on Monday.

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