UNDER WEIGHT BUTTER

Dominion, Volume 10, Issue 3142, 21 July 1917, Page 3

UNDER WEIGHT BUTTER

ALLEGED SALE J. NATHAN & CO., LTD., CHARGED At the Magistrate's Court yesterday afternoon, betore Mr. Ij. 11. M'Cartliy, y.Ai., Joseph iNatliau and Co., 1.U1., were cmuged that on January SI they did sell to Y\. Campbell, grocer, Manners Slicet, one package of butter bearing a lalse and misleading statement thut tiie iveight was one pound, whereas the true weight was 15oz. ildv.'ts. Air. I'.»S. lv. ifaenssey, of the Crown Law Office, appeared for Die Public Health Department, and Air. M. Myers lor the defendant companyMr. P. a. 1C Alacaiaey stated that the inl'oriualion was laid under section I'-', sub-section 2, of the Pure i'ood and Drugs Act. W. .Campbell, grocer, of Manners Street, on January S, i.ail si par-' eel of Defiance butter delivered -at his shop, inspector Cow-dray purchased a pound of this butter, which was found to weight 15oz. Hdnl. The law allowed for a loss of 5 per cent, in lib., provided that with live additional pounds the whole came up to full'weight. ill order to further test the weiglit lie placed the pound he had purchased with five otuer pound pats, and found tho total weight of the six pats to weigii Sib. Moz. 3dwt. It would be shown that the loss could not be due to evaporation. The onus was on the defendants to prove that all reasonable precautions had been taken to prevent a breach of the Act occurring, lie then proceeded to call evidence. John Henry Cowdray, inspector under tho I'ood and Drugs Act, gave evidence as to purchasing one pound of butter iron. AV. Campbell's shop. AVhen he weighed the butter in the shop it was shown to bo slightly under the pound, but when he 'weighed it on the official scales it registered 15oz. lldwts. He obtained another 51bs. of butter of tho same brand from thv same shop, and these Mbs., with the other, when weighed, showed the true weight to be s;b. lfoz. 3dwts. Witness gave details of the evaporation, in butter, wliich he said depended upon the humidity of the atmosphere. Between January 8 and 10 tne v.witlier wiv» iine and the humidity low, consequently the evaporation would be gfes-.ter. W. Campbell deposed to having purchased ISlbs. of butter from Kathan fjid Co., Ltd., on January 8. 'Che butter had to be kept in the front cf Ihe shop for the convenience of handling, sad the front of the ship was the hottest part of tne premises. An employee of W. Campbell also gave evidence on the same lines as the previous witness. This closed the case for the prosecution Mr. Jl. Myers, for the defendant company, said there was a technical defencb which he did not intend to tako. JNathau and Co. were charged with stilling one pound of butter to Campbell, whereas on January 8 they sold -tSlbs. The defendants wished the matter to be thoroughly investigated. Every cure and precaution was taken by the firm to see that the pats of butter were of full weiglit, and it was reasonable to suppose that the loss in weight was ('ue to evaporation of the moisture in butter through being placed in Mr. Campbell's premises, where the sun's rays would cause evaporation. Continuing, Mr. Myers, after explaining the manipulation of the butter in tho factory, stated that while a box, of butter nominally contained 501b5.; in:reality it contained SGJlbs. to SG.albs., tho excess weight being added to provide for any possible loss that might occur through evaporation. Bvidencu was called to support counsel's statement. Several witnesses wcro called, including the factory manager and tho manager of tho produce department of Joseph Nathan and.Co. After hearing tho evidence, the Magistrate reserved his decision. '