PATRICK CAVANAGH AGAIN

Dominion, Volume 12, Issue 241, 5 July 1919, Page 3

PATRICK CAVANAGH AGAIN

CHARGES OF SELLING MILK

INFORMATION DISMISSED

"There is no power in tho whole- world that will prevent any person from giving milk away," said Mr. J. A. Tripe, in defondiug Jfatric'k Cavanagh in the Magistrate's Court before Mr. F. V. Frazer, S.M., yesterday. Ciivauagli appeared to answer two charges of having sold' milk from an unlicensed dairy on June 28 last. 4 ■ Mr. T. C. Webb, Dairy Inspector, conducted tho prosecution, tud said that following his conviction for selling milk from an unlicensed dairy, the defendant had continued to sell aiilk. Ho had watched tho defendant's servant serve milk on the day folio'.viug his conviction to a number oi houses in tho Thomdon area, a private hospital, and also a hotel. Ho called upon Constable Oamiody to , also watch tho delivery of the milk. They saw defendant deliver milk to tho Thistle Inn. Inspector Webb gave ovidenco on these lines, aud said that ho had warned the defendant that lie must not sell milk. Similar evidence was given by Dairy Inspector Blaiv. Witness said the dairy farm was insanitary ojid unsatisfactory, and the Department could not possibly re-issuo a license for such a place. ' Mr. Tripe: Hoiv many cows has Cavanagh? Witness: Sixty. How much milk does he get from these cows?—"lshould say sixty gallons a r;.y.--. If you forbid him to tell his milk, do you think it's a fair British proposition to stop him milking these cows und thus inflict injury on them?—"He can milk them and teed calves or pigs on the milk, or can separato it. An unlicensed dairy can separate milk." • ' Constable Carmody then gave evidence, and said that he had received milk from the defendant. His wife had told him that tho defendant had said that tho milk he delivered was a gift, and would not be charged for. Mr. Tripe: 0h! there you are. Im glad you said that. Thafs just the point His Worship: When was that? Witness: After the defendant was fined. Edward Murphy was the next witness for the prosecution, and ho said that he had received milk from Cavanagh'e farm. 'Mr, Tripe: Have you !;ad an account since June 24? —Iso. Mrs.- Munns said that she had also receivod the defendant's milk. The defendant had said that eho could have :he milk as a gift, till ho got his license tcnovred. Counsel for tho defence submitted that he had no case to answer. Tho defendant was charged with selling milk, but had not. done so. He would call evidence to prove this. "There is no law in the whole world that will prevent a person from giving' milk away," -laid counsel. The Rev. Father Smith, in ■ harge of the Thnrndon parish, said lie had received milk from the defendant's farm for the past five yeavs, and to his mind it was the best milk to be obtained in Wellington.. Similar milk had \ been delivered at the convent for tho past thirty years. The convent took about five. gallons daily.

Mr. Webb: Have you bad any cases of enteric at the convent'—"We have had some sickness, but the doctors wore unable to say exactly what, it was. Some said it was a form of influenza."

You are awaro that a number of enteric cases were' traced to. defendant's milk?—" No. I'm not aware of this."

After further examination witness said: "I am hero to say that, the milk I got from the defendant was « sift." "And I'm here," biiitl the Inspector, "to show that ifs a sift that should not l)o appreciated." f.

Witness: 1 found the milk.very gooc Tho doctor told uio I was getting too i'at on Cavanagh'. l ) ;uilk. . (Lai)ghlei-.) I am satisfied to tako the milk from his litrm till JUoomsday.

Continuing, witness taid that he had seen tfie dwendant's farm, and was satisfied that it compared lavourably with many other dairy farms which ne had Keen.' "Ho has »een handling niii'k for about forty-live years, and hasn't kilted anyone yet, ami has been serving the conyeut for about tuirty tears."

inspector "Webb: How many eases have been taken out of the convent (luring the pubt two mouths?

Wicuoss:,Two, ta my knowledge. The inspector: 1 heard it was twenty. (Laughter and objection by Mr. Tripe.) i'ather v §hiitn said that the Health of the convent children would compart with that ot the children of any institution of the kind in New Zealand.

The proprietor of the Thistle Inn (Mr. Hannuliu) gave evidence as to the milk beinjr delivered at. his hotel as a gift. It had also been given to the Davis Street Private Hospital for nothing. ilr. Tripe: Do yo;i regard the action of the Department as pure* victimisation?

His Worship: That's hardly fair. His Worship then summed up, and said that the charges concerned the selling of milk from an unlicensed dairy. Evidence had been called to show that the milk was.n gift, '.mil he was satisfied that it was. Tho informations would be dismissed.

. Continuing, he said that he could not 6ee that there was any suggestion of victimisation. Evidence had been given that the premises occupied by the defcndairt were in an unsatisfactory condition. Such evidence was given bv experts of the Department. Certainly the place had been cleaned up. The place had not been licensed, although certain improvements had been carried out, and it wag still in an unfit condition to warrant a license. As to the spread of enteric, it was not for a layman to express an opinion, but lie held that milk did carry diseases, and a number' of cases of enteric, or supposed enteric, had been traced to people who obtained their milk from the defendant. However, the discussion on that point did not enter into the essential elements of tho case. Mr. Tripe: I ask for costs. Bis Worship; /Not a hope.