LAW REPORTS.

Dominion, Volume 7, Issue 2150, 16 May 1914, Page 14

LAW REPORTS.

LOWER COURT FURTHER MILK PROSECUTIONS TWO CASES DISMISSED. THE INSPECTOR &' THE VENDORS

Milk prosecutions figured prominently in the Magistrate's Court list yesterday. Mi , . 1). G. A. Cooper, S.M., was on the bench. On flio intorniatiou of John Henry Oondrey, an inspector under t'ho bale of Food and iirugs Act, 1908, Frederick Isaac JJottlo was charged witn reiusing to supply milk to bun on .March ao. . ■ ■

Sub-Inspector Slicelian prosecuted, and Mr. nl. Myers appeared tor Hie <leiendaiit, who pleaded not guilty. . Evidence tendered by Inspector Cowdrey : was to the ettect that Bottlo was driving a milk cart for William lucledon. On the morning of March 20 witness met him, and ..asked for a pint of milk, tendering twopence. Bottlo was about'to give nim a pint from one server (2-gallon can), but witness noticed (mother. server partly concealed by Bottle's coat, and asked for a pint from that. Bottlo refused to supply this, explaining that the milk in that can was not lor sale. Witness repeated his request, and was again told that the milk was'not for 6ale, but that witness could have .a sample from any other can in the' cart. • . .

To Mr. Myers: Bottle,had told witness that the milk nas not for sale because it. Was soiir.: '■"■ '. '.- Mr. Myers: Did you ask him to give you a little so that yo;i could''taste* it' and"see if lie was telling the truth? ■■ ■ Witness: I was not taking it for' an' analysis by taste. .-"'■■. ■ Continuing, witness admitted that he had'not aslce'd for-a little so-that, lie' , rnjght taste it.-. Ho did not know that Bottle, .was actually selling from that cam 'There might .m« o been another 25 gallon's in the cart altogether. : , Frederick Isaac'BottlOj the. defendant; stated iii evidence that what Inspector Covydrey , liad said was... substantially true.. . He had "not' been ■ selling-' milk from the can referred to because tho milk : -.whicli; it contained was.sour. It was' a can whuSh -he , ;-' had .left at Mrs... Jahlieson's: shop oa.tlie "preyiouV day, .amKuVhad called that day to. take it back. •••-■■•. ■'..-.:.■ To. fhe' : Sub-Inspector: Ho had. not , bceii told by anyone that the milk was sour, but-it was what he-called stalo milk —two or three days old —and he would not dream of putting it-out for sale. Ho knew that it was two or three days old because it waß milk from Ohau. 7 '"■'; •■■■■■■■ ■■■■■■ ' Emily Ada- Jamieson stated that it was a' common thing , for her to leavo a can containing milk, which had not been sold on tho previous day, outsido her shop. Bottle removed this .can every morning, and left a can with ■ fresh milk.' ■'■ ; -'-'■

. Mr.' -Myers submitted that tho ' in-, fqfmatioiv'must-be'dismissed. It was. quite clear from-the ; evidence that Bot-' tie had been quite , honest with the inspection, and that the milk had never boon intended for sale. As a matter of fact it had been sent to a place whero it was used for scone-making. The Magistrate intimated that tho defendant had proved to his satisfaction that the milk ..was not for. sale, and, tho case would therefore be dismissed.'"

"ADDED WATER AND ANNOTTO." SALE.NOT PROVED. Charges of selling adulterated milk wore also preferred against , William Incledon. It was alleged that, on March 20, he had sold to Ivy Murray milk containing "added water, and anaotto'," tho addition of which is prohibited. .A second charge was that ho had sold adulterated milk to Ivy. Murray without informing her of the' nature of tho adulteration. The charges were taken together. Sub-Inspector Shechaii announced at the outset that Mrs. Murray was'unable to appear, and, unless the other side. would admit the sale, he would have to apply for an adjournment. After some little discussion, Mr. M. Mj-ers, who appeared for Incledon, agreed to admit that Mrs. Ivy Murray was a Tegular customer, and had purnhased "some" milk on March 20. Hearing of evidence then proceeded. John Henry Cowdrcy, an officer holding appointment under the Sale of Food and Drugs Act, 1908, stated that, about 6.45 a.m. on March 20 ho had visited tho house of Mrs. Ivy Murray, 1G .Daniel Street,. and had obtained a samplo of milk from a can, which was hanging by the.door. This sample had been divided into three parts. One of those was taken to the defendant (Incledon), but. tho latter declined to accept

it., The others wore taken to the Dominion Analyst, whose certificate (produced) showed that the milk contained added water and annotto. Later, the same morning, witness again visited Incledon's premises, in Tasman Street, and secured a sample of milk, and also ai storio jar labelled "annotto," and an enamelled mug (both produced). "Witness was about,to put in the certificates of .the Analyst in regard to the contents of tbeso vessels, when Mr. Myers objected. The- Magistrate-upheld the objection. Witness explained that annotto was a veEotnblo colouring substance. The effect of it was to givo the milk a rich vellon. colour, and to counteract the blue tinge Riven by added water. To Mr. Myers: Before going into Mrs. Murray's house, he had seen Bottle, but had declined to buy milk offered from certain cans because, ho only had one sample bottle-left and ho wanted' that to obtain a sample from another can, which, as ho had observed, contained yellow milk... Mrs. Murray did not request him to take a samplo of tho milk. When ho divided tho milk there was no. ono olso present. ' Tho sample of milk, which Tie afterwards obtained at Incledon's dairy, was "perfectly right!" Ho did not know of any authority which he had for taking the annotto and the mug from Incledoii's premises. Evidence for the prosecution was also fjivon bv Frederick Isaac Bottle, who delivered milk daily to Mrs. Ivv Murray, and by Mrs. E. Murray, who was present when the inspector called at 16 Daniel Street.

Mr. Myers contended that there was no necessity ' to call evidence. The prosecution must fail on several, grounds, but he* would rely on one of i these, which was fatal, and" reserve the others for later, .cases if necessary. Thepoint which .he"relied on was that theprosecution had not proved their case as required by Section 12, Sub-Section (1) of tlio Sale of Food and Drugs Act. Tlie essential part of the case had not been proved, viz., that the milk was sdld. without informing the purchaser that it was adulterated. It was not the ordinary case of a sale to the inspector, hut a.salo to somebody else, and there was no evidence to show that the customer lintl not been informed of the adulteration. Sub-Inspector Sheehan contended that Sub-Section 4, which prohibited tho addition of tho materials to milk, was a sufficient ground for conviction! Mr; Myers argued that it was subject to what appeared in Sub-Section 1 There was no sale of "mil!;" nroved. It had not been proved what the sale w;is. Ho would not have pressed the point if there had been any merits in the case. But it had to be remembered that the inspeotor had refused io buy.

Tom tho cart, and had gono behind :heir backs.

Tljo Magistrate said that tho Court was very drastic in regard to penalties for convictions, and if there was ; any doubt he preferred it to be- in Savour of defendant. Ha would hold that the sale of "milk" had not been proved. The information was accordingly dismissed, His Worship remarking that the Grown could appeal if it thought fit. Four .other charges stood against tho same .defendant (I'neledon), and it was agreed that these should he adjourned sine die, pending the Crown's decision as to whether an appeal should be lodged. OTHER CHARO6S, TAXI-CAB DRIVERS FINED. A taxi-cab drim named Ciiutde Cornforth rjleaded not gi-tUty to a charge of driving his car on to the* Hunter StreeD stand on jJareh 18 when there we.ro already thret' cars there, the maximum number allowed by the by-kw, Mr. IC. Jl. fleechey appeared for the City Co)poration, ivliilo Mr. K. J. Fjt.2* gibbon appeared for Coraforth. -Mr. Beechcy in opening the case said that' the oJr'e'nco was not very serious to itself, but the circumstances surrounding it were seriofts. The Featherstem Street taxi-cab 3tafld had become very popular, but, befeie drivers cciiikl go on that stand,' they had to go on to the Hunter Street stand. It' both those stands were full, drivers had to go t<j some other part of the city. Tbo posi-

tion actually was that, when tho two stands were.full, drivers with their catfa hovered about Grey Street and the vicinity waiting tfieir fairmto go into Hunter Street, and this- caused considerable congestion of traffic. If this continued, if would probably be accessary" to shift the Featberston Street stand to-some other part of' the city. Tho evidence-in. this case was that tie front .car had beon going to move off, and the defendant moved his cai- on J to

tlie stand.. The front car- then broke down before , it could be shifted, with tho result that four ears were left OR the stand, tho maximum number alfowedb'eing three..... ■ ' ■ After.evidence .had been tendered in support of tho City Corporation's ease, Mr. Fitzgibbon called several witnesses : to sliow that the first car. .on. tho. stand had actually, drawn «tear of the stand before, the engines stopped. ■ The Magistrate Jiclci that a conviction must bo but said that, -he could not distinguish ftc case from others in which he- tiD.fi imjwsfid tlto nominal fine of Is. Corofarth was therefore'penalised in a- Kk<> amount, and ordered to .pay Court cos-te, 7s. Albert George Pearco ditl not appear to answer a charge similar to tho <infl preferred,against Cornforth, In his case alsoa fine- of Is, was imposed, with Court costs, 75.," .' ". . ." CASES UNDER DEFENCE ACT.. For failure to render tho pergonal serv/.'o required of ■ t-lasjn mwier- tho Defenco Act, fines of 10s., with contt costs 75., were, imposed on .every orto of the following cjef-endafita:—GJiarles Leonard Millier, Michael M'Hiagb, anct : diaries Frederick George Tasfcor. John Staples admitted having, failed to register under the Defences Act, but, ns lib had'complied with the-Act sinoo being, prosecuted/ tic Jlagistrate discharged, him with s caution! "Now: don't you fail to attend drill," enjoined His Worship. "If you cowio back litre again I'll impose a fairly stiff fine."

. . OBJECTOR DEALT WITH. A plea of-guilty-t<i a charge of failing to _ render persoital service was entered in the caso of Vietor' Weggorj , , for whom Jlr. J. P. W. Dickson appeared.-. ■■.'.. As reasons why a fine should not be imposed, Mr. Dickson stated Hat WcgKery was a marked in-an, Ifving at Waikanae, and it seemed a- hardship that ho should "have to go several mites to l'araparaumu to Attend irilh Weggery had already rendered service as a volunteer,'and ho was one of the Crack shots of tho district. He- Jia-d objections to compulsory training, 'ami counsel' suggested that tho Defetico authorities might well exempt him, There werothree previotia convictions recorded against Itwn . for the' same failure, and tho Magistrate imposed n fine of 205., with costs 7s. In doing so ho pointed out that if Weggery had any claims to exemption. there was it proper course for him t<9 follow. BICYCLE THIEF. I A • youth 17 years of age, was cnsirged with stealing "&' bicycle valued at £8; Hie . machine, which was. the • property of Charles Roy Davis Andrew., a railway cadet, was alleged to have been removed from tho Railway Head Office oa May I. A plea of not guilty was entered,"but., accused was not represeiitedby counsel. According to tho evidence of llio prosecution, Andrew left his biev-cIG otitsida tho Railway Head Offi'ce at 3 o'clock on the morning, of May J, and it was missing wheii Im went to look for it at 1 p.m. oil tho same- day. Oα Thursday accussed ,was seen in possession of the machine, end was 'subsequently arrested in BVukotfc Street. He stated that..tho bicycle had been given to him by another youth, but was unahlo to furnish any proof of his statement.

No evidenco was offored for the defence. '

According to the police report, accused had been discharged-for n similar offence as recently as January 6, and his mother had stated that she was unable to • properly control him. Sub-In-spector Shcehan suggested:, that tho Court should exercise the power it had to pass sentence, with flic recommendation that accused should bo sent to an industrial schooJ.

The Magistrate thought that this would bo the best course- to adopt, as the accused was too young to servo a terra of imprisonment in tho ordinary way. A sentence of towm <jajs' imprisonment was imposed, the Magistrate directing that the youth' should be kept ] apart from other prisoners. An order ' was then .made for tho bicycle to to returned to its owner. PUGNACIOUS TERMER, Guy for whom Uvt E. J. Fitzgibbou.appeared, onterett a plea of guilty to a charge of being the ewfter of a terrier, which attacked Charlos Edward Trudgeon in a city- street. Mr. Kitzgibbou, in askiitg tho Magis- - to treat tho offeaee as faivral, pointed out his client had purchased a new pair of tro-asers for Mr. Trudgeon, and the latter had scorned well eatisficd. Sub-Inspector Shechan remarked'thai thy affair was not altogether trivial,'an complainant liad been bitten m tho leg, and had had to go to tt chewist io get the wound dressed. Mr. li'itzgibbon: I think the defendant "dressed" him more tfiiiu tho chemist. ' .

Tho Magistrate imposed a fins ef'lfle., with court costs Us., anct witnesses' oxpeneesi Bs. TKRSISTENT SMOKER. "I didn't smoko after 1 was'enationcd, your Worship, i don't know whr.-' tlii'r that is a ploa of guilty, or not,". This was the answer of Thomas Crmwh in reply to a question as to how he pleaded to a charge of smoking on part of a tram other than n smoking compart niont. Mr. K. M. Beechey, who appeared for the City Council, called evidence to show that Crouch had hce» smolsiiia; on the centre platform.of n tramc-nr on April 18, and when cautioned* hy tire comlui'tor. had told tho latter not to he childish, and had wiutiimetl smokiiif;. lie. refused to giro his name to tire e<n\ductor. but afierwardij gave ft to the constable in charge ot the Kilbiwrie district. ' No evidence- was offered ia defeheo,

Mid defendant, was penalised in the sam of Ms,, ajsd ordered to pay Court costs, da. , THE INEBRIATES. BartMojnew Mahoiicy, against whom there ware several previo&i eoimetioss, pleaded guilty to a charge of drunken-*-ness. Ho- was lined 405., in defatilt fourteen days' imprisonment. In addition, a prohibition, order was issued sfiainst- him. In pleading guilty to a charge of drunkenness, an elderly man, .unmeet Robert Cato, asked to bo sent to the Inebriates' Home at Soto Roa Island. As there was only ©no previous conviction . against accused, the Magistrate pointed out that Gate could not be ifeemed a habitual inebriate, and could Hot therefore bo committed to the hosno in the present circumstances, He would he fined 10s., with the alternative of 48 hours' imprisonment. If, flji hems released from custody, Gate was still desirous of going to Roto IWa, hn could then make application. Mary Johnson, alias M'lntosh, who had been convicted of drunkenness twice previously in the past six months, admitted it 'further lapse yesterday mormnp. The Magistrate imposed a fine of 205., the alternative being three I days' imprison ment

Sis Erst-offonding inebriates were convicted, and discharged. MISCELLANEOUS. * Thomas Martin Havey appeared to '■. answer a charge cf assaulting Ellen • Graham at Wellington on April §. There was no appearance of the «otaplainant, and Mr. H. F. O'Leary, who was. acting for Hjpey, applied for expenses for-his client, tm rase -was struck out,, the Magistrate directing 'that- Havey should bo allowed 4s. by complainant-. For allowing a horse to to at large in'the Borough of Miramar, R. Alexander was convicted and ordered to pay Court costs/ 9?.,- and. witness's expenses, 4s. Mr. V.'R. Meredith appeared for the Miramnr Bofough' Council. Fanny Wlrffct&ker was convicted, and discharged ; for supplying firearms to Howard Snow, a person itrwkr the ago of 16 years/'The evidence stewed that when the firearms {three pea rifles) had been sold, the 'defendant, was told by tho p&tcliaso.r that he 'wa>s' over 16 years'of ' ■

JUVENILE COURT BOYS .MAID MOVING TRAIN, At a sitting of tlie Juvenile • Court yesterday afternoon, two boys were 6barged vitirtmardinaa*train while it was moving through .the city. The father of the boys, who was:present in Court, expressed regret that-the lads' should have placed themselves in-such, an awkward positions and stated that lie had sevfisety reprimanded tk«m. . ■ Mr, D. 6.. A. Cooper, S.M., pointed out thtf serious eonsemiences that might have arisen from, sttmi ft broach of tho law. Ho discharged both boys with a ! caution, and directed ttioir fatter to pay witnesses' expenses, amounting to 12s.