MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1519, 15 August 1912, Page 2

MAGISTRATE'S COURT.

(Before Mr. W. G. Eitldell, S.M.) LABELS ON LIQUOR. POLICE AND MASONIC HOTELANOTHER PROSECUTION. At the Magistratc's Court yesterday Frederick Dobson, the licensee of.the Jlasonic Hotel, Cuba Street, was charged with having applied a false trndo description to a bottle of whisky which bore the label "Old Highland Whisky. John Walker and Sods." Inspector Ellison conducted the prosecution,.and Mr. A. Gray appeared for tho licensee. Inspector Ellison staled Hint Sercetmt Fitzgerald nnd Constable Sleelh had made, certain purchases of liquur :'or tho purpose, of analysis. A sample of "Walker's white-label whisky" had been obtained from Dob«in's hotel, nnd n sample, similarly luMlcd, from Walker's Wellington Agency. • The ense was on all fours with a cose which his Worship had heard last week. Tim information was laid under Section 82 of the Patent Designs and Trado Marks Act, 1908. ■ Mr. Gray: I understand, then, that wo arc charged with an offence under that Act only? Inspector Ellison: Yes. Mr. Gray: That is all? Inspector Ellison: Yes. .Sergeant Fitzgerald stated in the course of his evidence that Uobson had said to hnn (when the sample was being purchased) that ho would not "sell it a's Walker s case whisky"—that it was in fact draught whisky. Dr. M'Lanrin, Dominion Analyst, deposed that he had analysed f he samples given him by the police. The samples had differed considerably in some respects. If the ono was genuine the ' other was not. Mr. Gray submitted that tho case must be dismissed. He snid that, in the descriptive clause of the Act, "quality" *-as not included. The ease for the prosecution depended entirely upon a comparative analysis, which was a hazardous pro- . cedure. If defendant had been charged with having sold adulterated whisky the position would bo different, but to say that defendant was guilty of a breach nf the Trade Marks Act upon an analysis of the whisky obtained from him, and an analysis of the contents of one other bottle was unreasonable. Decision was reserved, and oilier oharges pending were adjourned meantime. TOBACCO FOR A PRISONER? _ George Hastings was charged withv-hav-in<,', on August 12, stolen 18 packets of tobacco, valued at 155., from Loong Chongj and also with having, on July 19, secreted, tobacco upon Mount Cook prison works, for the purpose of it bein? received by Thomas Henderson, alias Busbridge, a prisoner. Hastings pleaded not guilty. He was remanded till to-morrow. LETTEK-CARRIER ACCUSED. Frank Loasby Tocker was charged with having, between April 5, 1911, and September 23, 1911, at Greytown, wilfully detained postal packets. Mr. P. W. Jackson appeared for tho defendant. Chief-Detective Broberg said that Tocker had been arrested at Wangamri, where he was now stationed. Defendant had been a letter-carrier at Ofreytown, and it was alleged that postal packets had baen found in -n Greytown premises where he had resided. Tocker was remanded till August 21. Bail (.630) was allowed. OTHER CASES. Arthur Miles pleaded not guilty -to a charge of his having stolen 15s. worth of zinc from the residence of Thomas Mover, Brougham Street. Mr. E. K. Kirkcaldie appeared for him.. . His Worship dismissed tho case, but remarked that tho circumstances were sii.'ipicknis. lor having broken a prohibition order, liny, Gibbons was. fined «£2.