BUTTER-MOISTURE CASE.

Dominion, Volume 2, Issue 600, 31 August 1909, Page 6

BUTTER-MOISTURE CASE.

GOVERNMENT WISH TO WITHDRAW. THE MAGISTRATE 1 ASKS: "WHY?" (By Telegiapb-Bpeclal Correspondent.! ' Auckland, August 30. : A - curious development has taken place in connection with the. Departmental prosecution of the New Zealand Dairy Association, for. an alleged exportation of butter containing more than 16 per cent, of moisture. The hearing of the case . was adjourned on. Monday last : until. to-day.. When •it was' called, Mr; Selwyn Mays (appearing for \the Department) announced that he had received telegraphic instructions to withdraw the information. , Apparently : the Government were: satisfied' with" public attention having been drawn to the_ matter, and, did noil wish a punitive conviction. At any rate,.his instructions'were to withdraw. ■ .. - Mt. v Kettlo, S M.: On what grounds■ do thev withdraw it? . • , ■ I Mr. Maya: The primary object of the prosecution was to direct attention to it. ; Mr.-Kettle: The primary object of a prosecution is to-punish an evasion oft tho law. _ ' Mr. Mavs (handing- up a telegram to bis Worship) :* That's all I know of it, sir. It came on Saturday. , , , Worship (reading): "Please withdraw case against New Zealand Dairy Association; latter to pay nil costs. n - is this from P" added Mr. Kettle. . - ■ Mr. Mays : That -is . from the Secretary for Agriculture. ■ /' Mr. Kettle- Under whose; instructions does'he withdraw the prosecution? • ' Mr., Mays: I wired the result of tho previous hearing, and that is the reply I received. ■ . Mr. Kettle: I want some, evidence as to the reason why; this prosecution is being withdrawn. ; ~

Mr. Hanna (represnntinp defendant company):" This is most unsatisfactory to us. ; I •say definitely and absolutely that-we are perfectly content to meet, tho charge made against us.,' A great. l ,deal of: publicity has teen {given. to this case, and a lot of statements made 'which ,wo • are anxious to refute. ■ Mr. Kettle "(to Mr. Mays): Have you ■no proper : grounds /for- withdrawing ,' this ;,in : t formation ?. If: mot, I will not consent to I the " withdrawal of the information. . i" Sir. Mays: Tknow nothing more about it. I assume' that ~ tho; Government' are satisfied. i with drawing attention to i tho matter. Tliey don't want to inflict, punishment. ' ■ • ' Mr. Kettle: If satisfactory reasons are given in evidence as to: why .this-is being withdrawn.l will, consent to the withdrawal, but iiot" otherwise. The object of consent being necessary for withdrawal is to pre-, vent compromises being made, and I want ovidence.r . 1 . Mr. Hanna: If my friend will admit that our offence was . committed only inadvertence I am satisfied to accept , a Withdrawal. {- ■: : - f ' : " Mr. Mays declined to . admit that, and i said that lie had evidence to provo the case, but 'was' not .then prepared with bis wit- j ;nesses^' : ' v : ' Mr.; Kettle said that, as ■ the prosecution i declined to produce, evidence, tno information would be, struck out. ■ Mr. Hanna objected to this course, and demanded costs. Ho said.that his side were, {quite ready to proceed with the. defence.' After furtW discussion, his: Worship, at Mr) flanna's request, reinstated the case, and- granted an adjournment for a _week, to enable' the prosecution' to get its witnesses.