RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXIII, Issue 5352, 23 May 1878, Page 3

RESIDENT MAGISTRATE’S COURT.

Wednesday, May 22. (Before J. O. Crawford, Esq., K.M.) BREACH OF THE DANGEROUS ‘ GOODS ACT. E. H. Crease, grocer, .was charged by the police with committing a breach of the Dangerous Goods Act by selling to : C.’ T. Benzoni a qnnntitv of petroleum not being marked “dangirons.”. ■< .Mr, Travers appeared on behalf of Mr. Crease. .. Inspector Atcheson said that the action was brought principally to inform the public that there was such an Act as the Dangerous Goods Act.':-. , C,-I 1 . Benzoni deposed that be had been dealing with the defendant for a long time. Some time last month he ordered some kerosene, which was delivered from defendant’s store. On the Ist May last there was an accident in his (Benzoni’s) bouse by the bursting of a kerosene lamp. He took a sample ot the oil to Dr. Hector. The oil was the same as that which exploded. Cross-examined by Mr. Travers ; I opened the tin of oil myself. It had not been previously opened—at any rate not apparently so. ; I could not say whether the tin had been opened before it was imported. It was a single tin, and was not one of two in a. case. .It presented tho same appearance as ordinary kerosene tins. I have been in the habit'of using Devoe’s oil obtained frpmthe defendant. 1 ppured some of the oil into another tin for the convenience of filling 5 the lamp. I filled the lamp on the morning of the accident, but did not trim it. It was the first time an accident had occurred in my house from Devoe’s oil. Mr. Travers said he had no intention of disputing the evidence as to the dangerous quality of the oil. He would, however, show that Mr. Grease was in the habit of getting his oil from one of the most respectable importers in town—Messrs. AV. and G. Turnbull. He would not dispute that Mr. Crease came within .the; strict . letter of the ;law, within the meaning of the Act, but not so purposely. Mr. A. Held, in the-employment of Messrs. W. and G. Turnbull, importers, said that he had been in the present employment for fifteen years. I During that time there had been two complaints of the kerosene sold by them, but only as regarded the brilliancy of the oil, not for it being, dangerous. , In consequence of these complaint?, the firm had written to Messrs. Arkell, Tufts, and Go., their American agents, who had communicated with the De voe Manufacturing Company. , The /following-is the; letter*.

Office of the Devoe Manufacturing Company, ' NewTork, November 22, 1877.

Messrs. Arkell, Tutts, and Co. <Jents, —Having reference to your note of 21st instant, in which yon call attention to the complaints in regard to our oil made by your friends, wo desire now to address to them, through your good selves, a few lines upon the subject in question. As we have already said to your Mr. Arkell in person, we find it the more difficult to approach this question intelligently from the factthat. „ practically., .the , only.- .complaints... in regard to.; our- oil come from Australia. . Now if you will bear in "mind, that we' have put up and shipped so far this the unprecedented quantity of. 2,sod.ooo,casea, and that practically, say almost absolutely without comrdalnfc> except/from this one quarter,, does : it. not appear .inexplicable except on some .Other,.basis Allan the. poor ,quality of-the oiL Looking first at our side, let us remark that we believe we can with truthfulness say that no .other packer takes'the same pains to test the oil that .we do.—as it is not only submitted to the ordinary, tests for color and safety, .but . also 1 for burning quality,/and we know; ..that" we .reject' more. ni|. than any .other packinghouse, or than 'all of them'combined.. Again, the oil made for us is made from oil coming from the best regions’at tiiO welXs,knowh/as. rarkecoil, which yon'areaware.ia'far preferable/to/that,coming from : the Bradford or ih'a Bullions districts, and commands a much higher price. Still, further, there la- less of what'fs known as'white: oil (of .which wo will.speak further} taken "from our oil.than.from most of the oif refincd here,. and, therefore, 'it. should have better buTnihg qualities.' Nbw,'look/ixf, Another direction. our oil comes to us in largo, quantities goes‘'into ' recel itfg ’ tanks. On / the- same/ day and. from the same tanks wo pack for different sections of the globe, it'tnay be South America, Java. California,-and Australia, and If one packing was bad all should be equally poor. ■/]We are at a loss then to account for any “apparent deterioration in quality by any want in manufacture, andlot ua add just here I hat we have not spared expenses to hav© thQiOpin|dn3,aDd/te3ls of the best chemists and reSnera.'AssumiDg, then, that there have been actual Tor/complaint (and . whilst wo do not deny this, wd'reniark that whenever/the. oil com* Slained, of has been returned ' here it, has always urned Wcll) lct As seek for some explanations. Ist,: In some coses the oil is said to splutter, -This w.uldj Indicate, the,presence of water. Now, may there.not have .been some, carelessness on the other side in.thlii'. regard* lb would bo next to Impossible for watqrto bo paired with the, oil before leaving oar watabohse.' 2nd. 'ls there not some difficulty..,with the lamps or the care jpf them.? ~,\ye. often .find.that lamps, are imperfect-:/that the wicks do notjfitrthe tubes: that the lamps are filled day after day without emptying the oil out, whicVbias practically been submitted to continuous distillation, and may thus have deposited Aieavy which it is difficult to consumo., Aye aJwavrfadvise co'nsumeia to empty out the °il , before rerUlUng. .' There is another suggestion which,might .bemad©, and which we .dislike even,to hint at, but when wo know that, our have been made an article of commerce* then we are justified in suggesting that,.tbero.is chance for fraud. There is, perhaps, another cause tending to produce complaints, and that is that more of what Is known as water white oil,. Jiaft been offered In'tho market, and consumers ; having become accustomed to this.*' are demanding more from*'the usual Sadcs than they, should be expected .to,accomplish, ila oil 'wo'pat .up'under the,brand of Nonpareil, and wIU .bo to furnish when the trade requires it,' In conclusion.we may add, that,these complaints usually como when,there.la a decline In prices, and wo hope that'they wM-soon disappear, at any rate, wo will willingly pay for the oil find ’fcho‘ expense of return, !! you'wJJl have forwarded to us owe of any ahlpmentbomplamcd of; an unopened can.—Wo are. &c;.JA*:’*MtOKß,;Pres. • , • ! *• ■ > Mr, _Cxawtod. Bald,.he/x , oiiid not see that there \m:tmicb bkmo to : ba attached, to >lr. Crease, who had evidently'dealt with a highly respectable firm- ,Ho thought that, after this action,: jfc would hb,. advisable • that occasional teats ebould be made, up as to ascertain whether there watf any spurious or , dangenbus article‘in the town, Xhe case would be dismissed]