MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1531, 29 August 1912, Page 3

MAGISTRATE'S COURT.

(Before Mr. W.G. Riddell, S.M.)

TWO MILK CASES. THE LAW SPABS BOUND THEM. At the Magistrate's Court yesterday John L'llain Parker and Herbert Gates, trading as Parker and Gates, were charged with having (on Juno 24) sold to Carl Albert Schauoi- milk containing a certain proportion of water without informing the purchaser. Tho defendants are dairymen at Island Bay. Mr. .VI. Myers appeared lor the defendants and Mr. Ostier for the prosecution.. Evidence as to taking of tho sample was given by C. A. Schauer, inspector under the Sale of Food and-Drugs Act. On analysis tho milk had been found to contain eight per cent, of water. It had been supplied by Atis. Hack, who happened to be in the shop at the time. After evidence had been given by the parties concerned and by Mrs. Hack, Mr. Myers submitted that the information should bo dismissed. There was, he contended, no evidence as to whether tho milk belonged to ■Parker and Gates, or to Mrs. Hack. On tho other hand, Mr. Ostler contended tliat Mrs.' Hack was the a{jent of tho defendant (Parker and Gates), and that they.were therefore liable. His Worship remarked that, if there were any offence, it appeared, to be a purely technical one. He would, however, rswrve his decision. MILK CASE SO. 2. Edward Bloomfield,. of Kilbirnie, charged with having, on June 21, sold to Carl Albert Schauer milk containing, a certaiu proportion of- water without informing the purchaser of the nature of the adulteration. . : Mr. M. Myers appeared for defendant, Bloomfield, and Mr..' Ostler prosecuted. As .in tho former case, evidence ', was given by Inspector Schauer as to how he had. obtained the sample. The inspector further stated (hat, wlvr Mrs. Bloomfield recognised him, as an inspector, 'sjie had endeavoured to servo him from a certain can. She had admitted, however, that she would serve a casual customer from the can which the inspector had originally desired to be served from. •Mrs. Blooiiififild stated that she had-not visited the (feiry before the arrival of tho insnecbr that day. She had instructions from Mr. Bloomnsld to take fho milk out of.the,larger can in tho trough, and she. did not know that tho. "servingcan"- was on yio floor. It was true-that sin) had been unwilling to serve the inspector'from, the particular can which ho indicated, her reason being that she was not surs "what milk it was." . Edward Blooinficld stated that he always tested his milk with a lactometer. On the morning on which Inspector Schauer paid his visit- he had bought'a gallon of milk from a. passing milkcan, and had put it in His own '"serving-can" on the-'fioor. He had not had time to, test it. In putting the ca.=o for the defence, Mr. Myers mentioned that his client had never been convicted before, though he had been in. business for 10 years. As a matter of fact,'in tho course of his business, he took.more,precautions than most milkmen. Mr. Jfyors also raked ths contention that the milk on the floor (from which tho sample had been taken by the inspector), was not "exposed for pale," as.the.public were not, in'tho ordinary -course, of. events, allowed into the. dairy.'- '~ ' ■ .His Worship! reserved decision in this case also. " . ■""" POLICE CASES. Elizabeth Mufgvovo was convicted and discharged for insobriety. She v;as, however, fined £2. with an alternative of f-ayen ch.re , imprisonment, for using certaiu. language. ',!■'.,, ~ .-,.;.., ,-.'■...■ Five first offenders for insobriety were alw dealt with. Charles L. Fish/ who was ohhrged with stealing a set of the New Zealand Conraliilared" Statutes, the property of the New Zealand Government, was remanded til) September 1. Harry. P. Webster was senteneedto one month's imprisonment on each of two charges of theft. Ono charge was stealing two shirts valued at 10s. from Edward LaiiDcler. Tho other-was stealing a revolver valued, at 15s. from Edward HunJessie Hav T/as'convicted and discharged for insobriety, and was sentenced # to three months' imprisonment for being idle and disorderly without sufficient means of support. . KEPAIBS TO A LIFT. (Before Dr. M'Arthur.) Messrs. Anderson, Ltd., engineers, of Christchurch, proceeded against Dalgety and Co., Ltd., of Wellington, on a claim for .£GB 6s. lid., , alleged , to bo;amount due to them for repairs and maintenance of a lift in Dalgoty's Buildings, ia Featherston Street. An amount bad been paid into Court, and the only sum in dispute- was .£2l 2s. 5d., for certaiu re--1 pairs to tho lift. . ! Mr. T. Neave appeared for plaintiffs and Mr. A. Blair for the defendants. ' After sitting yesterday, the case was adjourned till this afternoon.