Page 315 - The_story_of_the_C._W._S._The_jubilee_history_of_the_cooperative_wholesale_society,_limited._1863-1913_(IA_storyofcwsjubill00redf) (1)_Neat

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The Action against Societies.
of Brooke and Company; but this was in form only. Although the
claim as on the writs was for " passing off " a soap not made by
the plaintiffs for a soap made by the plaintiffs, yet, on the hearing,
this was not seriously contended. Instead, it was alleged that the
defendants wrongfully " substituted " C.W.S. " Soap Flakes " and
C.W.S. "Parrot Brand" in response to orders for "Lux" and
"Monkey Brand" respectively; and the plaintiffs endeavoured to
support this contention by allegations of a dehberate attempt on
the part of the co-operative societies throughout the country to
defraud and deprive Messrs. Lever of their business. The hearing
occupied nine days, exclusive of the delivery of the judgment; and
the verbatim report of the trial filled over five hundred large pages.
In journalistic language, it ran to a quarter of a million words.
Much of this matter is distinctly humorous reading. The plaintiffs'
counsel were bent upon proving much more than their actual case,
and issues were introduced against which the Judge protested
frequently. He had a lively way with irrelevancies, as in this
passage on the opening day:
Counsel : I am going to prove it from their own acts.
The Judge You are not ; you are not going to prove it before me.
:
Counsel: I am going to offer proof from their own documents.
The Judge : There is not a word about it in the pleadings. I will not argue
it with you.
Counsel : There are a great many things in the way of history that are not
pleaded.
The Judge : Do confine yourself to the case, if you please.
In another instance the Judge's patience had been burdened by
the plaintiffs' counsel reading at length circulars issued from the
C.W.S. to societies, proving nothing except diligence in co-operative
business. At last the Judge broke in with, " Reading this to me is a
perfect waste of time, and throwing away time and money. . . ,
You admit they have a perfect right to stop selling other people's
"
soaps and push their o"vmi ? But in spite of renewed protests
counsel persisted in reading from the C.W.S. printed quarterly
reports, which, of course, had no business to be in other than
co-operative hands at all. Hence the Judge
The Judge: What are you doing this for ? No one wants it. You ought
to be made to pay the costs of all this for attempting to put in such evidence,
whatever the result of the action may be. It is perfectly obvious their interest
is to sell their soaps.
Counsel : It is put in for the purpose— ^
The Judge: It is put in for some purpose, but what I cannot conceive,
except to waste time.
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