SUPREME COURT.

Globe, Volume II, Issue 121, 20 October 1874, Page 2

SUPREME COURT.

SITTINGS AT NISI PRIUS. Tuesday, October 20. (Before His Honor Mr Justice Gresson.) The Court re-opened at 11 a.m. ROYSE AND ANR. V, MURRAY. The heaving of this case was resumed. Mr Garrick called William John Mcllroy, whose evidence went to show what was understood in the trade by cheese of prime quality and good colour. This the witness stated,"Jto be cheese of five or six months old, very firm, and of a choice yellow color. A cheese of this character would stand exporting. He would not consider a cheese to answer to the description of “ pure” if after a voyage of twelve days to Sydney it arrived in a “ squashy” condition, but of course a great deal depended upon the way in which it was packed and stowed. Were it brought into close proximity with potatoes or other heating and sweating cargo it might receive serious damage. If properly packed and carried, cheese arriving at Sydney in a broken and squashy condition would not be considered prime, when placed on board. If the cheese were packed in open cases, and was to be stowed in close proximity to heating cargo, 'he cheese would absorb the moisture from this heating cargo, soften and arrive in bad order. Assuming the cheese to be properly packed and carrie ', they ought, if shipped prime, to arrive in prime condition, considering the short duration of the voyage. Witness shipped cheese in May, 1878, to Sydney, per John Knox, which arrived in good merchantable condition. A good yellow color for the Sydney market was indispensable. On cross-examination by Mr Joynt, the witness stated that towards the end of 1873, there was a very limited supply of old cheese in the market, owing to Australian demand. A “prime” cheese was always a “prime” cheese, without reference to the market. The proper packing of cheese for the Australian market would require to be done in cases of inch boards, made very close, and of seasoned timber, capable of holding 1501bs of cheese. The cheese should be packed with dry sawdust. Tire witness had exported to Australia cheese in cases made of V.D.L. palings, and found them arrive in good order, but in a majority of cases in bad. He did not consider that V.D.L. paling cases were proper to pack cheese in for export to Australia ; nor did he think that hay or straw was proper to pack cheese for the same voyage. Fruit or potatoes he considered most injurious when packed near cheese, or indeed any substance with much moisture in it. Placing cheese on the top of potatoes would tend to damage cheese more than if placed under, as the steam ascended. The most likely cause of cheese being stuck together on arrival in Sydney would he that it had been packed too green and too new. The fact of their being surrounded with hay would retain the moisture and affect the cheese more. It is my opinion that if cheese were affected by external moisture it would not take the coloring matter out of it to any appreciable extent.

Re-examined by Mr Garrick —Cheese shipp< d between Lyttelton and Brisbane would be more likely to spoil than if shipped between Lyttelton and Sydney. Harvey Hawkins, merchant, Lyttelton, remembered the John Knox sailing from Lyttelton to Sydney. He shipped cheese to Brisbane via Sydney by that vessel on that voyage. It was sold at Brisbane. From the returns he believed the cheese was landed in good condition. If cheese was ordered from him of “prime quality and good color” he should want to know whether the cheese

ordered was to be new or old eliee.se. He would remit this information if the cheese were required for export. Cross-examined by Mr Joynt—Cheese is not a safe commodity to export. It is liable to sweat and heat in the ship’s hold. This is dependant in a great measure on the cargo the ship carries, but he had known shipments of his to be considerably ,i blown ” even when the ship had sailed in ballast. Potatoes and hides would be very bad cargo to ship with cheese, or green timber. Good cheese would suffer more from being shipped with that description of cargo than poor cheese; more especially if the cheese were new. In May and June 1873, there would be cheese in the market seven months old. The steam of potatoes would be more likely to affect the cheese than if it was placed below—that is, if the potatoes were not rotten. If the cheese were old, well selected, and carefully packed, it ought to arrive in good condition. If it were new cheese, it could not be expected to arrive in that condition, although it was prime when shipped. He considered careful packing to mean—every cheese in a separate compartment—the cases to have inch board ends and compartments, the edges to be inch boards, and the cases palings. He put no packing in the cases. From his experience he found this to be the best mode of packing. He would expect that cheese would be stuck together that was packed without partitions. Re-examined by Mr Williams —If packed without partitions, the cheese is liable to be stuck together, even if otherwise in good condition.

Charles Menzies storeman to the plaintiffs had had experience during the last four years in the shipping and exporting cheese. Would understand cheese of prime quality and good color to be a well-matured cheese that would stand export. If cheese had been shipped in May, and arrived in squashy condition, he would suppose that it had not been prime and mature when shipped. Cheese when prime is supposed to be a rich yellow color, and is then more readily saleable.

On cross-examination by Mr Joynt, witness said that during the last two years about 150 tons of cheese had passed through his hands, packing and sending for export. Had not seen any cheese after it had had a voyage to Australia. Was not aware whether a voyage affected cheese, but supposed a strong heat would injure it. If cheese were very dry on the outside, he would not call it prime cheese. Cheese loses some weight in store, but the proportion depended upon the age of the cheese. Cheese would lose most weight when the air was getting to it. Cheese that would not stand export would not be considered prime. [Left sitting.]