SUPREME COURT.

Auckland Star, Volume XXXVIII, Issue 195, 16 August 1907, Page 2

SUPREME COURT.

r i._- ■_: .:■„ - ; (Before 'Mr. Justice Denniston.) WOOD V. BROWX. . - This is an appeal in the -case "Wood ■v. Brown, against the decisio-it-of the .-Resident Magistrate; Auckland, in convicting the appellant on a charge of mixing;: extraneous ingredients with milk, the said -extraneous matter consisting oi boric acid. The Hon. J. A. Tole, K.C., appeared for the respondent, and Messrs. •"•EVE. Baume, K.C., and Prendergast appeared, for the appellant. Mr. Tole said; it .was .admitted that the specific extraneous ingredient was found in 'the milk; that it was mixed .vsrith.. it, and that. it. .was "injurious to public health irrespective bi quantity. The. appellant declared ,£nat lie did not mis Tire boric~acid with _ihe milk, ajid merely, supplied it as supplied to him. " ..,. 'Mr. Tole' went. on to say that in February, last, the inspector, under the Act, 'took a sample eff millr from defendant"* •cart, the defendant stating at the time .{hat it.was pure and was for human eonatunpipn. This sample, when. analysed, TirSs found to contain boric acid, whit-Ji

traS'a"'highly deleterious sabstance. The

defendant declared that he supplied. ." ~ iBS _milk "exactly" as -supplied to him ."■-Trie magistrate (Mr. If. "W. Dyer, 531.) . ■ convicted, the appellant, who at once

appealed on the grounds that there w.as.

before the- magistrate to support or justify his conviction, andthafcan_ r . r the evidence, .the case should - -have-been dismissed. It -n-as also con-' tended that there tras evidence before the magistrate that no boric acid or. oher extraneous matter had been mixed by the appellant with the milk.