WATER IN MILK

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

WATER IN MILK

, p ( CHARGE DISMISSED. A plea of not guilty was entered by Henry Farman when charged before Mr. F. V. I'razer, S.M., in the Magistrate's Court yesterday, with selling milk containing water. Mr. J. Tudholme appeared for the Department, and Mr. J. A. Scott for the defendant. From the Gvidence it appeared that the defendant delivered his milk to a collecting point, where it was picked up by a servant oi the Wellington City Council. At the test it was found that defendant's milk contained water.

For the defence it was submitted that once the milk left defendant's farm it was no longer his property, and ho was no longer responsible for it. Couns&l also submitted that there had not beon anv sale within the meaning of tho Sale of Food and Drugs Act for human consumption. Farman had no knowledge of the introduction of water into the milk, and it was done without his authority. Legal argument took place on tho points raised by Mr. Scott, and His Worship ruled that the milk was the property of the city corporation. • Counsel for the prosecution then requested permission to amend the information, so .as to charge the defendant with selling milk to tho Wellington citv corporation containing water. ' Mr. Scott objected to' this course, \but His Worship decided to allow the amendment, and note Mr. Scott's objection, in case of an appeal. Counsel for the defence then called the defendant, -who told about, the irregularity of hours of arrival of the council's lorry, and the consequent necessity of. having to leave the cans at a collecting point unattended. Unauthorised persons had been seen near tho cane, and it was suggested that outsiders had tampered with tho iqilk. The collect; ing stand was two miles away from defondant's farm, and was a fairly isolated snot. It would bo possible for any nn- ■ authorised person to tamper with tho milk whilst it was on the stand.

M this stage His Worship said it wfmld not be necessary to cnll the other witnesses. Considering that the lorry was uncertain, in its hours, it would lie unfair to expect the defendant to sit on tho cans'for hours. As to locks on the cans,-that, appeared to be an impossiWo remedy,, as the cans wero not returned -right away to the owner. The milk had been watered, but His Worship did not think the defendant was responsible, Had' the stand been at defendant's gate and for his convenience, he' would have been responsible. The charge would be dismissed.