ANOTHER MILK PROSECUTION

Dominion, Volume 13, Issue 41, 12 November 1919, Page 2

ANOTHER MILK PROSECUTION

DEFENDANT FINED JES. Selling milk adulterated-with water was the nature of the charge preferred against a milk vendor mimed Frank ltfctli.ew ell, before Mr. Ji. Page, S.M., at: the Magistrate'* Court yesterday. • • •. Mr. J. Prendeville, ot the Crown Law Oflicc, prosecuted on behalf of the Department of Public. Health, M. Myers defended. Inspector Kawlinson staled that on August 14 he took two samples of milk from the defendant. Witness saw defendant agitating the milk, in some fivegallon cans outside his premises, and told defendant that lie required samples, lie proceeded to take n sample of tho contents of one can, when the defendant said: "Don't take it from that can, but take it from the other cans." Witness said that he could not do anything but his duty. Ho took tho simple.and 'bottled it. This was the official sample, and! tlie analysis showed that it contained 29 per cent, of added water. "Witness. then proceeded to. take an . unofficial ttmipLiifor the benefit of the defendant from the contents of one. of ; four, ofbc.r cans standing some little distance away. The contents of the nan from which this .sample was taken"appeared to have been recently agitated, and the . analysis' of tlie sample showed that it contained 20 per cent, of added water. When taking. the official sample the defendant made an explanation that the cans from Tvhich witness had taken the sample were tho en us used in the shop, and had been standing in the trough. When the.milk, arrived defendant's, boy poured a quantity into one of the shop cans which contained water. Continuing, witness said that some few- days previously ho' took a sample of defendant's mils, which tho analysis showed contained 4.per cent, of added water. >. To Mr. Myers: Defendant.told witness that two of tho cans had a quantity of water in them, and for that reason witness took another sample from another can. Witness paid 3d. for the sample taken. Ho did not pay for tho unofficial sample. Witness was positive thai: he paid for tho rampte, even though defendant denied this. The defendant had an exceptionally good character as a mill: vendor, and had always been honest and reliable-in lub business. Witness knew that the official sample would, contain water, as the defendant admitted it. Kobert Leslie Andrews, Government Ai.nlyst, gave evidence as to the analysis of tin- samples. The defendant said that he had been in the milk trado for ten years, and this'was the first prosecution ho had been subjected -to. He did not'receive notice about the sample which -showed thatjthe milk contained -1 per.cent, of water till after the samples of.thoprosecution had been taken. When the milk arrived on the morning of August U one ofithe cans had the handle-jammed, and defendant carried it off the cart and told his boy to tip the contents: into another can. Later, ho. discovered that tho boy had lipped the milk into a can containing filter. When the inspector arrived ho asked whether the cans in the right-of-way were going out,, and defendant replied: "No, we have had a little accident this 'morning." Tho inspector replied, "What wo* that?" and defendant explained how the boy had tipped the milk into the can containing water. The inspector then remarked that he would have to take n sample, and defendant said: "Well, you will find -Ml or , r )0 per cent, of water in it,"-<md the inspector replied, "ft will bo all the better for you." He denied that he received payment for the snmple.as he had fully made u)> his mind not to accept payment for it. . - The boy gave evidence. . Mr. Myers submitted, in reference to the payment for I he -•«inpli>, thai if litem were a doubt the defendant was entitle.! to llu> benefit nf Dial drmbt, and therefere a dismissal!. Tho vrliolo prowulion nros-v out of an undoubted accident. His Worship Mid thai lie considered it was n cine of neglect on the part of (!;e defendant in not taking stops to have the milk removed. Defendant would ho fined A and costs .« Kls. (id.