MAGISTRATE'S COURT

Dominion, Volume 10, Issue 2914, 28 October 1916, Page 14

MAGISTRATE'S COURT

MORE MILK CASIiS

WAR REGULATIONS BEING

ENFORCED

The following eases were heard iu tho Magistrate's Court yesterday:— Further hearing in connection with tho, series of prosecutions against milk vendors in tho city was taken when Osmond Disley, of Karori, was charged with having sold milk which was not cloan. There were three oharges against defendant, for whom Mr. P. W. Jackson i appeared. Mr. .V. R. Meredith prosecuted . on hehalE of the Health Department, and Mr. W. G. Itiddell, S.M., was tho presiding. Magistrate. Mr. Meredith, .for the prosecution, stated that this particular case was tho first of its kind in ihat the naturo of tho adulteration was that tho milk

■was not clean. Mter camples had \ieen. taken, the bottles'containing them worn allo-Kod.to st&ud icvr a e.ertam time, and

(it was subsequently found that an accumulation of <{irf amounting to over SO times thut allowed 6y the regulations had' been deposited on the bottom of tho bottle. It was also fair to assume that in addition to tho dirt actually seen in jthe sample, other dirt must haro been in the milk. For the defence it vras contended hy Mr. Jackson that tho sample of milk tested was not Disley's, but that on account of his man being short he Had ootained a- quantity of milk from another milkman. Further, that during tho talcing of tho samples dust must blow into tho milk. Counsel also alleged that the instruments employed by tho Inspector whoso duty it was to obtain samples were not cloan. He went on to say that his client's dairy was one of the most up-to-date in tho district. It had been built under Government supervision, and was inspect ed once a fortnight by a Government Inspector His client milked his own i ,cows, assisted by his wife and a man. ' Disley attended to everything in connection with the milk, such as strain- i | ing it, cooling, and placing it in the I cans. Ho had n hrge number'of customers, and' had not \iad 'a complaint. In fact he had been complimented on tho excellence of his milk. Counsel' then produced a document sighed by 180 customers, who had testified that tho milk was always good. The. fact that extraneous matter had been found in the milk by the analyst could not 'ho disputed. His client could not account for it, however, and he had done ovojtthing that was possible to keep his milk 'clean, and he was not careless. This was not an ordinary case of adulteration,'and it was a case beyond Disley's control.

Uobort Leslie Andrews, Government Analyst under the Food and Drugs Act, described his methods of analysing the milk. In this particular instance he allowed tho samplo to stand in a glass alongside a standard specimen of milk for a cortain time. In comparing the two later tho amount of extraneous lrfattcr was found in Disley's sample. It consisted of particles of mud, vegetable dirt, and gritty matter and straw. The particles of dirt were too uniform to be road dust. During the past three or four months between 500 and (500 samples had been examined, and this was the first case of its kind proceeded with.

Osmond Disley gave evidence on similar lines to his counsel's address.' He stated that he served milk to the Phvnket nurses, and they allowed tho milk to stand for ten hours hoforo nsc, aii(l\no complaints had'been made. He maintained that the milk which had heen tested never came off his farm. He strained his milk through eight pieces of muslin ■ cloth, as well as the strainer. His cans were always well sterilised. It was impossible to prevent dust getting into,' milk during delivery.

In summing up, His Worship said that defendant had apparently taken all precautions, and it was beyond douht that he sold milk of excellent duality. Hotv tho dirt got into the milk was difficult to explain, and defendant knew tho precautions lie must take under tho .Act. Tinder the circumstances, His Worship thought that a conviction must he recorded in one case only, hut that as it' was an isolated case, no penalty would be made. He ordered defendant to pav analyst's fee, 10s. 6d., solicitor's fee, £1 Is., and costs, 7s.

UNDER THE WAR REGULATIONS. Mr. L. G. Reid, S.M., heard the following cases-. — Under the War' Regulations the police, have had their at one time limited powers m\\c\\ increased \\\ the direction of dealing with uncfesi'rafi/e persons. The first case of its kind was heard wider these regulations when Eliza Ann Logan iras charged as follows.:—"That being the lessor or landlord of premises, 193 Vivian Street, did permit continued occupation o( part thereof knowing; or having reasonable grounds of suspicion that the said part was used as a house of ill-fame contrary to the War Regulations, 1916."

Defondant, who pleaded not guilty, was defended by Mr. P. W. Jackson.

Inspector Hendrey said that defenant was liable to a penalty of £10, or ■imprisonment not exceeding twelve months. He said the house had heen under observation for some time, and reminded the Court of the case when two men and two women who had been arrested on certain charges. At the hearing of the case the evidence was of a particularly disgusting nature, and convictions had been recorded. It was not suggested that Mrs. Logan was ari immoral woman, hut it was hardly possible to suppose that the acts wont on in a part of the house without sho having some knowledge of them. Defendant said that sho let rooms to people, and anyone she found to be undesirable she got rid of. She had done her best to keep the house respectable, and did not know that her premises were being used as a house of ill-fame. Evidence was also given by two witnesses as to defendant's good character. The-Magistrate said that there was a doubt in his mind as to whether defendant had permitted the "continued occupation" of her premises as a house of ill-fame. He would give her the benefit of that doubt, and dismiss the case without prejudice.

FAILING TO ATTEND DRILL. Francis Patrick Dwyor _ appeared to answer two charges of failing to attend drill. On the first one lie was fined 20s. and costs 75., in default 14 days' military detention, and o» the second a conviction was recorded. MISCELLANEOUS POLICE OASES. Horny Victor Howard Harding, who had a previous conviction against him iov insobriety, had his bail, amounting to £1, ostroated. For a similar offence George William Jacksou was fined 205., in default seven days' detention. James Egan, who was found helplessly drunk at Mastorton on October 21, was convicted and ordered to pay medicakand police expenses, amounting to £3 is. 6d., failing which ho will have to spend 14 days m gaol. A fine of £5, with the alternative of 14 days' imprisonment, was imposed on Michael Crowley, it being proved that he had habitually lived with a. prostitute, contrary to the War Regulations. BY-LAW CASUS. Thoro is a new city by-law_ which has for its object tho prevention, as far as possible, of vehicular traffic on the south side of Courlenay Place—,

that is, wliero the tramway stopping placo is situated. No cart, motor-car, bicycle, or cab is allowed to proceed along that portion of tho street unless it is necessary to go to the shops numbered 1 to 15 in that part of-Conr-tenay Place. For the first week or so ai'tcr tho by-law was made warnings wore given to unsuspecting drivers of vehicles, but later on more drastic action was taken hy issuing summonses. Tho result was that tho first batch of offenders made their appearance at Court yesterday. Altogether there were 17 cases, and it is understood tliat there are about 70 more to follow. With the exception of James Diver, who was convicted and discharged, the following wero convicted and ordered to pay costs, amounting to 7s. in each case: —Thomas Adams, John Bacon, Herbert Clutterbaclc, Fugene Oulloty, Edward Outoher, William J. Fitzgerald, Thomas Garrett, James Higgins, John Howat, Georgo Bradley, Hafhaway Valentine Futter, Francis Cyril Loscoinbe, Archibald Simnunes, John Turner, Bay Waters, and Mrs. 15. 31. I Phillips. Sydney G. Nathan was charged with ! leaving his motor-car standing unattended' in Customhouse Quay lor .% I longer period than an hour. Ho was convicted and ordered to pay 7s. costs. It cost George AWiert Bie\yi£ C<nirt costs amounting to 7s. ior not having a light on his bicycle. ftaxn&s Udds,te\n. M a (wcbc m Adelaide Road by other means than a nosebag, while at tiie same time he left his vehicle unattended. On tho firet charge he was convicted and discharged, whilo on the second ho was fined 05., with costs 7s. i

For allowing, their stock to wander, John Woods and Mrs. Mary Fcely ■were fined ss. and 2s. 6d. respectively. In addition Mrs. Feely was ordered to pay costfij 9s. For having no light on his vehicle, George 'Waddelt was fined 10s.

MANAGER OF A BUILDING FINED. The Inspector of Scaffolding (Richard Alfred Bollard) proceeded against William Butler on a charge that, being a person, having the management, of a building in course of orectiou where- n accident occurred, he failed to notify tho Inspector of such accident. After hearing evidence, His Worship fined defendant 10s., with 7s. costs.