William Zeffert-For Plaintiff—Cross 601 The Witness: Do you want a further reason why? The Court: Just answer questions. Do not volunteer. 602 Q. There are some nine hundred; items in your Exhibits 15 to 20, aren't there? A. Is that right? A. About. Q. Just look at this and tell me whether there are some 900 items there? A. 959. Q. That is 900 and some odd, isn't it? A. Yes. Q. Did you exhibit to Mr. Wood, who was at your office as you say a number of days, bills covering each of those items? A. Mr. Golding worked with him and the bookkeeper worked with him and anything they could not find, they would call me up, and if I could not find it, I told the gentleman and if I could, I would give it to Mr. Golding. Q. Will you answer the question? A. Did I exhibit? Q. Yes? A. No. 603 Mr. Cuff : I submit that that is an answer, if your Honor please. Q. Have you here today bills or invoices evi dencing the purchase or acquisition of the items appearing in your exhibits 20 to 25? Mr. Cuff: If your Honor please, I think that has already been answered. He was asked if he had a majority of them and he said he thinks he has a majority of them He said he did not have all of them, but he had, he thought, a majority of them. 604 William Zeffert-For Plaintiff-Cross Q. What is your answer? A. I just answered you before. You are repeating the same question. Q. Which of them haven't you here? A. I don't know, I have the majority of them here. Q. Did you have a majority of them in your place of business when Mr. Wood called there? A. Yes. Q. And did you have a majority of them in your possession, that is, in the possession of the plaintiff, on July 17th and July 27th, 1931? A. Yes, it was shown to your people. 605 Q. Where did you show them to our people, as you put it? A. I showed them to Mr. Turner, I showed them to Mr. Solomon, I showed them to Mr. Janss, whoever requested it. I showed them . to Mr. Howe and Mr. Knapp. As a matter of fact, one of them, one of these two gentlemen have my original bill for the carpets. I did not care to write for a duplicate because I knew they had it. Those are all original bills. Q. You say you have showed all of the gentlemen whose names you mentioned bills for a ma jority of the items appearing on Exhibits 20 to 25? 606 A. I did not state that. Q. What do you mean to convey by your answer? A. The question you asked before Q. What is your answer? A. I gave you an answer. Mr. Cuff: What is your answer? The Witness: That I showed your people bills that they requested at the different times for various items. Q. Have you ever exhibited to this moment to anyone representing the defendants bills or dup William Zeffert—For Plaintiff—Cross 607 licate bills for each of the items appearing on your exhibits 20 to 25 ? 608 Mr. Cuff: That is objected to as having already been gone over, your Honor. He said he did not have bills for all the items on there, but he had bills for the majority. The Court: I will let him answer that The Witness: What is the question? : read the the question above referred to.) The Witness: For every item, no, never requested. Mr. Berger: I ask the latter part of the answer be stricken out. Mr. Cuff: I object. I think it ought to stand. I think it is a perfect answer. The Court: I will let it stand. Mr. Berger: I desire to call the Court's attention, if I may, in pressing my request that the latter part of that answer be stricken out, to a specific demand for all bills and invoices referring to all of the items on Exhibits 20 to 25, in this letter of June 30th, 1931, which is in evidence. In the latter part of the first paragraph is a specific demand for the production of all bills and all invoices, and it is a provision of the policies sued on in this action. 609 Q. In or about August, 1930, you and Mr. Golding took an inventory, did you not? A. Yes, sir. 610 William Zeffert-For Plaintiff—Cross Q. And do you recall at page 89, this question being asked you by Senator Kaplan: “Q. You told me that when you took this inventory in August, before Mr. Golding made this investment, you had before you and presented to Mr. Golding the purchase invoices,” and your answer to that was, “That's right.” Do you recall that question and answer? A. I think I do. Q. And do you recall this question and answer at page 90: “Q. Covering the inventory which is set forth in 611 your journal,” and your answer, “I did not word it that way, we took the items as we went along and wherever there was a question that I could not get the right value, we would look up the invoice.” Do you remember that question and answer? A. Yes, sir. Q. Do you mind stopping picking your nails when I am questioning you? A. I am not picking my nails. Q. Was that your answer? A. Yes, sir. Q. Do you remember this question and answer: 612 “Q. But you had possession of the invoices? A. Yes” Do you recall that? A. Is that the same period? Q. Do you recall that question and answer? A. Yes. Q. Do you remember this question: "Q. Where are the invoices ?” and this answer, “I don't " know?” A. Yes, sir. Q. Did you so answer? A. I remember that, ! yes, sir. Q. Now, did you know on July 27th where those invoices were? William Zeffert—For Plaintiff-Cross 613 Mr. Cuff: 1931 ? The Witness: Did I not know on July Q. 1931, where those invoices were? A. Which invoices are you referring to now? Q. The invoices that you were referring to in answer to the question. A. In taking inventory? Mr. Cuff: Wait a minute. Your Honor, 614 that is just a little trick. Mr. Kaplan was asking about the investment for the inven. tory that Mr. Golding and Mr. Zeffert made, in August or thereabouts, in 1930. The Court: That is what I understand. Mr. Cuff: I want to know whether what is following after, whether Mr. Berger means what is following after the invoices sought on July 31st, were the investments for that inventory or the inventory for the items appearing in the proofs of loss? Mr. Berger: Oh, no. Mr. Cuff: I think we ought to have it 615 for the clarification of the witness and not to have any trick question like that. Mr. Berger: I don't understand it to be a trick question. The Court: I understand Mr. Berger is referring to the inventory made at the time Mr. Golding purchased an interest in the corporation in July, 1930. Mr. Cuff: August, 1930. Mr. Berger: Yes, and I now ask the witness, did you not on July 27th, 1931, when |