Breach of Slaughterhouse Act.

Auckland Star, Volume XVII, Issue 202, 28 August 1886, Page 2

Breach of Slaughterhouse Act.

Another Cancerous Cow.

At tho Polico Court this morning, a man named Andrew Austin was charged boforo Mossrs C, D. Whitoombe nnd F. G. Ewington, Justices, with having committed a

breach of tho Slaughterhouse Act, 1577, section __, by playing a bullock without proper authority. —Mr Brat-soy appeared on bclnilf of tho police, and also for tho Butchers' Association. —Mr Browning appoarcd on boluilf of Iho defondant, nnd pleaded not, guilty. Ho conlundcd that tho Uuteher.V Association hud io /oiiti.i standi in tho Court. Mr Brassoy submitted that ho had a richt to

watch the cipo on behalf of tho Association just as ho had to act for tho Society for

tho Prevention of Cruolty to Animals.— Tho Bunch ruled that Mr Br.issoy might

officiate, as tho Act did not; stipulato as to who should prosecute.— Mr Bra-soy said that tho information was that tho defendant had, on the 24tk July, at Ellorslio, slaughtered a bullock contrary to tho provision of tho 22nd soction of tho nbovo Act. lie sta'od that thia was moro than tho uioro fact of slaughtering without a liconso, It was a ease that did not appear on tho face of it, but thoro was rather more behind. Thoro wore surrounding circumstances thnt would compel him to adduco ovidonco that might s.om somewhat outside tho chargo — evidonco that would tend to prove that tho animal was suil'ering from cancer. Tho. boast was sold at Messrs Huntorand Nolan's saleynrd, and purchased by a butchor named Douglas. A man named Byors was subsequently asked to drivo the beast, but ho refused to do so, probably fearing that bis own cattle might become infoctod. Mr Douglas, finding that tho boast was infected, wanted to rosell it. However, Messrs Hunter and Nolan refused to do co. The boast was taken by defendant from tho ealeyards and conveyed to his own premise?. Tho ovidonco would show that tho defondant had no liconso. Tho onua rested upon tho defendant to provo that ho had a license. Subsequently tho defendant was requested to take this ox to tho slaughterhouse at Pnnmure, and there to havo it killed, nnd also to havo tho beast condemned as unfit for human food. Ho did not do so, but had it slaughtered, and brought il to Douglas's shop in Karangahape Koad, and thoro it was offorod for salo. Tho Bonch would, therefore, sco that this might develop into nn important case —James Philson, partner in tho firm of Hunter and Nolan, cattle salesmen, Auckland, deposed that ho know

Mr Douglas, butcher, Karangahape Road

Ho roaombored selling him a bullock in July with something tho matter with its eye. It was sold on behalf of John Niccoll of t'np-.ikura. Witness nover examined the animal in tho paddock. Ho had since scon tho bullock in his yard. It was on tho following wook. No ono over applied lo witness to atrain sell tho bullock. It probably remained in tho yards until Iho sale concluded. Witness, finding tho bullock in the pen without instructions to soil tho same, ordered it to bo turned into another pen. Witness really know nothing of tho caco, and did not know why bo had boon called, f'o never again saw tho bullock until ho wus requested to examine it - By Mr Browning : Tho bullock was sold in open market for it los. There wore ono or two bids b.foro that. Thoy wore respectablo buteliors. We- l< oked upon all butchers as respectable, that was ii thoy did business with hira. (1.-iughter.)— Alfred (leorgo Howard, Inspoctt r of Slaughterhouses in Iho Auckland District, doposed that ho know Austin's promisor. They wero within hie Jistrict. The defendant possessed no license to slaughter cattle. A man could slaughter a beast, in any of tho slaughterhouses w itne-s inspected, and bo removed without his knowkdg-i. Still tho name would bo registered. Neither Mr Austin or Mr Douglas had slaughtered in his Blau_!iter-hous_. Hubert Ocugla", butcher. KaratiHtthapo Road, deposed that on tho 21th. July Iho defendant brought a bulleok to his premises. Ho instructed tho defendant to bring it to his premiers. Tho beast was taken to his premises for purposes of sale Could not swear whether it was -i bull or a cow. The boast was cut up aud sold, lie remembered purchasing a boast that was suffering from a probe under tho eye. Ho could not swear that it was a probe, lit was only sneaking from hearsay. The boast was left in the sale yards unknown to witness, and then taken to Huntor and Nolan's sale yards. Upon inquiring, ho found out thattho butchers had a down upon him. and wero trying to get him into trouble because he wus not a member of tho Association, and fold cheaper than them. Witness "swopped tiis boost with Mr Austin for at-mallor one. Did not, see the boast that ho changed for. Ho took Mr Austin's word for it. Witness wanted to got rid of tho beast becauso tho butchers wero making trouble. The driver told witness that it would bo advisable to soil tho bcat-t, as tho butchers were making n row. Tho probo wound was about tho sizo of a shilling.— Witness, know that Mr Byors had refused to drivo tho boast with othor cattlo. It wus about a fortnight after purchasing that witness swopped the boast. Austin did generally cart meat for witness. Witness authorised Hunter nnd Nolan's clerk to resell Iho bullock, but ho neglected to do so. Did not toll Mr Byers that it was a caneoroi ox, did nol toll Mr Byors that ho authorised Austin to tako tho ox to Punmuro, and havo it slaughtered nnd, if cancerod, condemned. Phis was witness's first transaction with tho dofondent. It was the butchers who had got up tho wholo affair because he was cutting up tho trade. Witness did cot pay any slaughtering or cartage fees, on condition that ho brought it in to witno'a's prcmisos. Ho received meat ovcry day but tho Sabbath.— Tha Bench : That's Saturday —Witness : No, sir, tho Sabbath is Sunday.—Tho Sals bath is the sovonth day.—Mr Browning : Not North of tho Tweod, may it please your Worship, Every Scot rails it the Sabbath — Joseph Byors, stock dealor, doposed : On tho (ith July Mr Douglas, of Nowton, purchased six or seven cattle, nod instructed witness to drivo them to tho slaughterhou o Witnoss noticed that this bullock had something suspicious about it, and bo accordingly loft it behind nt tho yard. Witness told Mr Douglas that he had bought a bullock which he thought had a cancer under its oyo. Mr Douglas said ho wus very thankful, and would not havo it in his shop if ho got .-50 for it. A fortnight afterwards tho bullock again enmo in to be sold: but tho animal was not sold, but turnod into ono oE the pons. Mr Douglas offered to sell witness the bullock for £,'!, if ha would lake it off his hands. Witness refused to givo moro than hide prico. Ho then said. "Andy Austin will

soil him for me. Witness replied, "All light," and heard no moro about it, On the 3rd of August witness went to Douglas and said, " Well, you'll got into a nice moss over this bullock. Tho butchers have got it that you have had tho bullock killed

privately, and iv your shop." Douglas replied that he hud instructed Andy Aus'in to havo tho bullock killed at Panmure, and

that he had no right to receive tho bullock because ho killed him at his own placo. Witno-s could not ewoar that tho beast was siifforin. from cancer. Tho wcurd was about tho ti/.e of an egg, and was

running. — Mr Douglis being recalled deposed that ho did not instruct Mr Austin to kill tho bullock. Austin could do anything ho liked with tbo bullock providing ho got, rid of it,— AY, Stevens, butcher, deposed to seeing a bullock carted into Douglas's shop by Androw Austin on tho Saturday in rpus(ion. Witnoss did not examine Iho bcu-t

Douglas lifted if out and Fagan carried it in. Witness was .sure the carcase was that of a bullock. —By Mr Browning: Witness I bad heard something about the cancerous bullock, and bo accordingly followed it up. Ho was employed at, Hcdgor's in Kybor Puis. Witness followed on horseback, ilo could pco that tho bullock wus about scwf, —Mr Byors (boing recalled) statod that, tho bullock ho referred to weighed about' 6 cwt.—Richard Olnoy, stockdrivor for Mossrs Hunter and Wolsn, deposed to remembering tho soro-eyed bullock. Witness took it tho following day to Mr Austin's premises, near the Harp of Erin Hotel. Mr Douglas, a woek afterwards, in structed witness to take the bullock back to market and sell it. Finding that tho bullock was not offered for sale, witnoss toe k it back again the noxt day to the paddock. Mr Philson refused to havo tho bullock yarded with other cattle. Tbo bullock would weigh botween five and six cwt. Ho knew that defendant bought diseased cattle and boiled them down for his pigs.—Tho Bench : Oh, that's very interesting.—Witness : Well, sometimes ho bought worn-out things for their hides. He clears tho market of a great deal of rubbish.

The Court then adjourned until 1 30.

The Bench decided to dismiss the case on the ground that there was no public notification of the appointment of Mr Howard as Inspector of Slaughterhouses. Thoy regretted biing compelled to do so, as thoy considered the case for the prosecution a strong one.

Mr Singleton Koch fort of Kussnll-staoot, Ponsonby, Barrister at law, returned £rom Wellington last week.