CUSTOMS PROSECUTION.

The Commonwealth Customs Department has another big lawsuit on hand. Messrs Dalgety and Co., of Melbourne, are the defendants, the allegations being : Evasion, with intent, of payment of duty on 15,000 bottles of mineral water; presenting a certain document which was nofc a genuine invoice ; and making a false entry as to the value of 150 cases of mineral water. When the case was called on in Melbourne last week 31r Brahm, for the Crown, said that a series , of informations had been laid against Dalgety and Co., charging them with various offences relating to tlie importation of mineral water, called Tan San. ; This was shipped from Japan. There vvere nine shipments, and four informa- , tions as to each shipment. Tliere was . also a further information relating to the . possession of a blank invoice without a reasonable excuse, and capable of being . used for the purposes of Customs. Three blank forms nad been sent by the ship- ; per, who had written that that was done "in, order to facilitate matters with . tho Customs," and "for use in case of . need." His object was apparent. One would imagine that, for honor's sake, Dalgety and Co. would have written back to the man, asking what bo meant by sending them such invoices ; but they actually used them. It had been said that in some cases they had used them because they had not the originals, and in . others because there had been an inaccuracy; but that was no excuse or justification, as under Section 156 their duty, when they had not the original invoice, was clearly defined. The total duty paid was £42, but the amount which should have been paid was £126. Richard. William Moorehead, landing waiter in the Customs, said, he visited the defendant company's office, and interviewed a typist. She was asked if she had filled in at any time "Tan San" invoices for Mr Drake, merchandise manager. She replied that she could not be positive. Witness showed her four, and sho said she had not much doubt that they were written by her typewriter, although she could not be positive about the matter. Those four had been presented at the Customs. Shortly after this Mr Campbell, general manager of Dalgety's, came in, and witness told him that there were some letters relating to blank invoices. Mr Campbell remarked :"I can only assure you that this is the first I have known of that aspect of the matter." On the following day Mr Drake said : "I knew the Customs Act very well, and was not aware that bottles were dutiable." Mr Coldham : We don't know it yet. Mr Brahm : But we do. Mr Coldham : Tho New South Wales (jSupreme Court does not. The further hearing was adjourned until Wednesday.