MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 475, 6 April 1909, Page 9

MAGISTRATE'S COURT.

(Before Mr. W. G. RiddeU, S.M.) BALE OF FOOD AND DRUGS ACT. PORK BUTCHERS TROSEpUTED. John. Kuch and John Frederick Kiieh were charged with having, on February 11, sold certain food, to wit pressed pork, to cno Lily Ledger, which food was -unfit for human consumption. The information was laid under Section 12 of tho Salo or Food ■ juid Drugs Act, 190 S. ■ ' Mr. Myers appeared for the Health Department, which prosecuted, and Mr. Wilford appeared for the defendants, who pleaded not guilty. Lily Ledger, residing with her parents . in Lloyd Street, stated that, on February 11, she went' to Kuch's shop in Cuba Street, / and purchased some pressed pork from one of the defendants; Witness ,took tho meat home, and then found that it had a bad smell, and she was sent back to the. shop to charigo the meat, as her mother said it was not fit to eat; Witness saw the man she had purchased it from and ho ate a pieco of it, and said it would be a dainty dish to put before anyone. Witness took it back home—she believed her brother took tho meat to tho Health Department. • To Mr. Wilford: Witness left the shop •with tho meat cut in slices. She squashed it a good bit on the way home. The meat looked nice in'the-shop. . . Robert' H. Leiton, compositor, remem- • Dered seeing some pressed park at Mrs. Ledger's house on February 11. In witness's opinion tho meat ..was absolutely bad. Ernest Ledger, brother of the first wit- ■ nes3, stated that he took the meat back to ' Mr. Kuch on February 11 . ■ .. • Dr.. Frengley, District Health \ Officer, remembered the pressed pork in question being taken to him on February 1 11. The objectionable smell was noticeablo ■ without sniffing, close to the meat, which was utterly tmfit for human consumption. In all putrefaction there was a smell of ammonia, but tho smell in this case was not ammonia, but the odour of putrefied meat. The meat Was ajso changing to a greenish colour. To Mr. Wilford: If ho had known, the ilotails of tho case before as ho knew them now he would still have ordered the prosecution: • " • . John Frederick Kuch, pork butcher, stated' that he had been in business in Wellington ' for 28 years, and had never been before the Court on a.chargo of this kind. AVitness explained'tho process after tho animal was killed and inspected by Government officers ■ and put into tho freezing chamber. Then the meat went to witness's premises, and the curing process was explained. The mound from which tho meat in question was cut' was, in witness's opinion, quite fresh. Tho girl was away about 15 minutes, and then camo to exchange the meat. Witness tboK a' pieco and tasted it, and it was not , : bad as stated. The girl took it away, and , it was brought back 20 minutes later by a .youth, who said it was putrid. Witness took the meat and put it in a corner and ■ cut another piece. The youth "then de- ■ raanded tho first .piece, and witness gavo, it to him. The meat should have kept fresh until tho evening. mea|. When thd' youth brought the meat back it .had a slight smell of ammonia, and for this reason witness changed it. There was a daily, supply of this class of meat from the freezing, chamber, and none of the other pieces sold on .' February 11 were tho. subject of complaint. /■.. -• John'-Kuch, pork butcher, Courtenay Place, remembered the 'trouble in connection with -the meat. He had some of the saiho cooking .■■ inj bis shop, and received no "complaints \ about it. The meat was taken out of the cooling chamber each morning, and' distributed to tho shops. To Mr. Myers: Sometimes, after 24 hours, goods got tainted. . All- goods were tested before they went to the cooling chamber. T. S. Lambert was in Mr. Kuch's shop when the youth brought tho meat in, and demanded his money back. Kuch offered to give anything else in exchange, and (cut off, some , more meat, but tho youth would ._ not take it, but demanded tho first lot hack. His Worship said that he was not prepared to say that defendants "acted wilfully, but there had been a sale'of the goods not fit for,human consumption. Tho Court did net think this was -a oase where a serious penalty should be imposed on defendants. Some precaution was taken, but it was not sufficient. A .conviction and fine of 40s. and costs £4 14s. -were entered. >

TROUBLE IN A THEATRE., . £ disturbance at His Majesty's Theatre on Saturday led to a well-dressed man named Murray Burgess appearing on a charge .' of having unlawfully assaulted one Jas. ■ Hay. Accused pleaded riot guilty. Informant that during the performance at the theatre on Saturday night he asked accusedto make his child desist from putting tfs feot on witness's.wife's.dress.- Witness was get--tuigi'upi to leavo tho house when accused etruck him on the face. .After several witnesses had been heard, his Worship said that the evidence was against defendant, and the Court considered the assault unwarranted. A conviction and lino of £5 and costs 18s., .in default 21 days' imprisonment, would bo entered. Another charge arising out- of the above was against Oliver Foster, .who pleaded not guilty to having unlawfully assaulted Constable Shaw whilst the constable was in the execution of his duty. Evidence was to the elrect that when the constable, who was in p.am clothes, had ."hold of an offender ac-cused-came up from behind and struck him on tho faco four or five times. • Accused said ho saw a crowd running after a relative of his, and he picked out the biggest of them and struck him -three or four .times. Ho did not know that tlio man was a constable,- and apologised as soon as he found this out. His Worship accepted defendant's explanation. If tho constable had been in uniform a severe penalty would bo imposed. Defendant would be convicted and fined £5 and costs 65., in default 14 days' imprisonment.

THEFT AT TB ARC- BATHS. • . A r.eatly-attired young girl pleaded not guilty to a charge of having, on ■.March 10, ■ , con »nitted theft of a watch' valued at £2 Chief-Detective Brobcrg conducted the case for'the prosecution, and Mr. Meredith appeared for the defence. . 1 Evidence was called to show that the owner or the watch went to the To Aro Baths on March 10, and, forgetting to place her watch in the caro of the custodian, placed it in the lining of her hat, and left it in her dressing-room with tho rest of her clothes. When she came out of the water an hour later the watch was missing.' Detective Cassells said that ho found the watch at accused's house when ho called to seo her ; about tho matter. The girl said that sho had found it. in one of the dressing-rooms at the Te Arq Baths. She added that she had made no inquiries at the batbs when sho found' it. Sho had consulted a girl fripnd, who agreed that the watch was the property' of an adult, and did not belong to any of the children in the bath at the time. ■ '.For tho defence it was urged that tho watcli was found under a seat at the baths, and defendant decided to keep it until it was.advertised for, failing which she was going to return it to. the caretaker of the baths. Sho . had watched the papers for. somo time, and was still doing so when the present action was taken. She had not the least. intention of stealing the watch. His Worship considered that, on the 'evidence, accused must bo convicted of tlieft. ■ She was 18 years of age, and should know the difference between honesty and dishonesty, as far as notifying the caretaker of the baths when she foimd the watch. The story about waiting for tho advertisement might bo correct but the Court doubted it very much. Accused would be convicted and , ordered to como up for sentence when called on. . .

MISCELLANEOUS CASES. William Hogg failed to appear in answer to a chargo of insobriety, and was .convicted and fined 205., in-default seven days' imprisonment. One first offender was fined 10s., four were fined 55., and two others wer© convicted and discharged.

A middle-aged woman named Florence M'Donald pleaded guilty to a charge, of improper conduct in Waterloo Quay. Accused, m answer to a question by his Worship, said that she- was not prepared to go into the Salvation Army Homo, hut would 'liko a chance, to get away to lluntervillo. Tho polico pointed out that accused had already been given several chances. A sontciico of two months' imprisonment was entered. Timothy Donovan was convicted and fined 10s., in default 48 hours' imprisonment, for insobriety, and on a charge of having entered licensed premises during the currency of a prohibition , order was convicted and fined 205., in default soven days' imprisonment. "He was tho centre of a big crowd of people, and had his coat off, and was behaving in a disorderly manner." Such woro the remarks of Sub-Inspector l'hair, when a young man named Henry Hendrick*pleaded guilty to a chargo of behaving in a disorderly manner in Ghuzuco Street on Saturday night whilst drunk. A conviction and lino of 405., in default seven days' imprisonment, were, entered. An argumont about British and' German battleships was tho foundation of a chargo of obscene language, preferred against John Joseph Dillon. Accused was convicted and fined £3, in default 21 days' imprisonment. Charles M'Anally pleaded not guilty to a charge of having, on April 3, unlawfully assaulted one Florenco M'Anally, and was remanded to April 7, bail being allowed in tho sum of £2. . . Harry Wilson failed to appear in answer to a charge of failing to maintain his illegitimate child. On tho application of Mr. Kelly, who appeared for complainant, a warrant for the arrest of defendant was issued. A fino of 205., and costs 205., was entered against J. Christcnsen for getting into a train bound from Wellington to Petono whilst the train was in motion. William Collier Boulter was convicted and ordered to pay 21s. costs on a chargo of disobeying an order to pay his mother 7s. Gd. per week. Mr. Kelly appeared for complainant, and explained that although defendant had paid tho arrears, action had to be taken to get the money. /

CIVIL BUSINESS.

SEAMAN OR LAMP TRIMMER?' • (Before Dr. A. M'Artlmr, S.M.) Tho AVellington Seamen's fJnion (Mr. W. T. Young) proceede<l against tho Wellington-Hnvelock-Motncka Steamship Co., Ltd. (Mr. Hcrdman), for the recovery of £10 foi an alleged breach of tho Arbitration Award in that a second seaman was employed by defendants as a lamp,trimmer without being' paid a lamp trimmer's-,wages, which action the union hold to be illegal. ' Mr. Herdman urged that neither the award of tho Arbitration Court nor tho manning scale of the Shipping and Seaman Act, 1908, compelled tho company to employ a lamp trimmer, and under existing laws it was com-, petont for tho defendants to' employ a secondclass eridnary seamai s ~"-id get him to trim the lamps without giviirg"him other than his ordinary wages. His Worship reserved his decision to April 15. • ' Tho union also claimed £10 from Richardson and Co. for a breach of the award; Mr. Herdman, for defendants, entered a plea of jruilty, and his' Worship gave judgment for Fa« union for £2 and costs.