MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1527, 24 August 1912, Page 14

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddell, S.JI.) MASONIC HOTEL. POLICE INFOEMATION FAILS. THE BOTTLES-THE LABELS. Mr. W. G. Biddcll, S.M., gave reserved judgment in the case in which Frederick JJobson, tho licensee of the Masonic Hotel, Cuba Sheet, was charged with having applied a false trade description to a bottle of whisky which bore the label "Old Highland Whisky. John-Walker and Sons." At tlio hearing Inspector Ellison conducted the prosecution, and Mr. A. Gray appeared lor the licensee. Inspector Ellison stated during the hearing that Sergeant Fitzgerald and Constable Slectli had made certain purchases of liquor for tho purpose of analysis. A sample of "Walker's white-label "whisky" had ))pen obtained from Dobson's hotel, and a isauiple, similarly labelled, from Walker's Wellington Agency. Tho case was on all fours with a casu which his Worship had heard last week. Tho information was laid under Section 82 of the Patent Designs and Trade Marks Act, 1908. Air. Gray had submitted (also at the hearing) thai the ease must be dismissed. Ho said that, in the descriptive- clause of tho Act, "quality" was not included. The cose for the prosecution depended entirely upon a comparative analysis, which was u hazardous procedure. H defendant had been charged with having sold adulterated whisky the position would bo diiFerent, but to say that defendant was guilty of a. breach of the Trade Marks Act upon an analysis of the whisky obtained from him, and aa analysis of the contents of one other bottle was uiireasonnblo. In giving judgment yesterday his Worship etatcd that he did not think that the lico-jEee Dobson had taken all reasonable precautions to ensure that the bottle was properly labelled nfter the draught whisky had been placed in it. In Brown v. Kennedy it had taen held that, a magistrate might convict where the information disclosed no offence, but tJio evidence did. In this case, his Worship considered that the evidence tendered did disclose aa offence, inasmuch as accused ha<l been found to have in his possession goods for sale to which a falsa trade description had been applied, lie therefore proposed to amend the information in tliis direction. To this Mr. Gray objected, on the ground that the whole case had been cksed, aud that the decision must therefore bo delivered either for or ogainst the defendant, and only on the information on which the prosecution had proceeded. Jlis Worship dissented. Mr. Gray once more submitted that all witnesses in the ease had been cross-exam-ined during the hearing, and that the cross-examination had b6en bassd only upon the information as laid, and not upon his Worship's suggested amended information. His Worship, after considering counsel's' objection, then dismissed the information. POLICE CASES. Joseph Pointon was convicted and fined £2, with )1.5. costs, for working a decrepit horse, and-Arthur Hook for failing to adequately feed a horso was fined £2 and £\ W=. costs. Chavlcs Hcper, Allan Orr, ■ Frederick Hoopor, John Grassier, Fredrick W. Meyer, and Ivor Thomas were convicted and lined 3?., witli costs ranging from 7s. to ISs., for allowing .Mock to roam at large. .lamiM V. Foothead wa« fined .is. mid "?. costs, mid Algernon Elliot nm! John M'Williani 2s. and "s. cost:-, for failing to tend their.children to school. Hairy, #urrpll';trM fmed 1% fct .driving

a cart without proper lights after dark. Charles Wauters was fined JC3 or, in default, H days' imprisonment for using certain language in Cuba Street. Ernest Leslie- Akehwst was charged with iajling to pay the sum of 12s. to ouc Boyd, of Mutahiwi, alleged (o bo part of a sum of .£1 received, from Ralph Bartlett on July 27. by Hie accmod on the assumption that' ho (accused) would hand over samo to Boyd. Accused was remantled to appear at Masterton. Mary Jolinston was sentenced to three month's' imprisonment i'or associating with reputed thieves, etc, Violet Paton was fined 10s. or, in default, 48 hours' imprisonment for insobrietv. Mary Donaldson, James O'Dca, and John ".U'Carthy were fined ,£3 each for breach of prohibition orders.