MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2795, 13 June 1916, Page 9

MAGISTRATE'S COURT

MILK AND WATER CASE

Mr. D. G. A. Cooper, S.M., presided at yesterday's sitting of the Magistrate's Court, when the following cases were dealt with.:—

Charges of having sold milk adulterated i\r i 1 - lra ter were preferred against the Wellington. Dairy Company. Tho offences, it was alleged, took place as far back us l'cbruary 25.

•T ie circumstances of the case were, according to -Mr. A. W. Blair, who appeared for the defendants, somewhat pecull/'i'i- callotl evidence to show that the Wellington Dairy Company had been in tlio habit of receiving supplies of milk from an Upper Hutt milk farm for the past seven or eight years. All the tanner's sons had gone to the front, and their father had been compelled to engage outside labour to carry on the business. Subsequently it had been discovered ic t la F m h an d had been helping himself to milk and replacing it with water. Un one occasion the farmer .had seen the ! man pour milk into a can, which contained a gallon of water. As it was almost impossible to secure labour at the present.time, the farmer did not remonstrate with the employee, because he would probably have left. Mr. A. W. Blair contended that the charge should be dismissed on the grounds that the defendants had done everything within reason to comply with the Act. His clients were innocent of fvy wrongdoing, audit would be extremely hard on them 'if a conviction - was recorded. For the prosecution, Mr. V. It. Meredith contended that the Act imposed on the vendors the responsibility of testing tho milk. In this case the added .water totalled 13.7 per cent. If vendors were willing to take the risk by not haying their milk sampled, they must not complain if they found themselves in trouble. "If the contention of defendants counsel were upheld,-" said Mr. Meredith, "then the effect : of the Act would be nullified." - Tho Magistrate agreed with Air. Meredith, and said that the public,must be protected in matters .of this nature. -In. view of the exceptional circumstances, however, the penalty would be light. De. fendants would be fined 405., with costs £1 18s. 6d. ; CIIAIiGE OP THEFT. David Emery appeared to answer three charges as follow:—(1) Disorderly be--haviour while drunk; (2) theft of a walking stick, valued at 10s., tho property of Joseph Leo Leydon; (3) tlxeffe of an overcoat and a pair of gloves, valued at p as-, the property of Harold -Albert' tu f' i.i was brought out in evidence that the accused had. visited a hall: in Boulcott Street, and had removed tho ii s " Sub-Inspector M'Kiniion said that there had been a great deal of petty thieving going on in Wellington lately, and he was of the opinion that the public required some : protection. On the' first charge Emery was fined 205., in de<~ fault three days' imprisonment. A siini. lar penalty was imposed in respect of the second charge, while on the third information the accused waa fined 405., with the option of -14 days' detention. OTHER CASES. ■ ' . Several first-offending inebriates were convicted and discharged. William Waters and James Saddler were each fined 205., in default threa days' imprisonment, for insobriety, while Edward Gilligan for a similar offence was fined 205., in default 48 hours', detention. For being an idle and disorderly person, Ethel ..M'Kearnan was sentenced to three'months' imprisonment. The warrant was ordered to be suspended as long as she remains.in the Magdala Home, Christchurch. Robert James Nisbet was convicted and. ordered to come up for sentence when, called upon' foi playing hazards. . . , Jaiues lleid and William Wenand were fined 10s. each; in default 48 hours' detention, for having caused a breach of the pence in Victoria Street. Wenand was also fined 205.. for having used obscene language on the same occasion,'and for assaulting Sergt. Wade, while' in execution of his duty, he was further' fined 20s. . A sailor on the Ngahere, named Angus Gillies, was fined 10s. for being drunk. On a further charge of having used obscene language he was penalised to' the extent of in default one month's imprisonment. ' MAINTENANCE CASES. .' " On the application of Margaret Prances Moriarty, Michael Moriarty "was ordered to pay 30s. per week towards her support. ' . , . Frederick. Edwards was ordered to pay ss. per. week towards ' the . support of Alfriil Edwards. He was also ordered to pay 2s. Gd. off arrears which had accumulated. Tailing this he will' have to undergo three days' imprisonment in Waliganui Gaol.