MAGISTRATE'S COURT

Dominion, Volume 13, Issue 120, 14 February 1920, Page 8

MAGISTRATE'S COURT

MILK VENDORS PROSECUTED

CONVICTED, BUT NOT FINED

_ i'liree charges of selling milk deficient in fats were preferred against the Wellington Milk Vendors' Association (Wo. 3 Company) at the Magistrate's Court vesterday before 'Mr. E. Page, S.M. (Tho charges were: (1) On Scptember\l2, 1919, selling milk containing onlv 1.80 per cent, fat instead of 3.25; (2)' on October 30, selling milk containing only 3.30 fat instead of 3.25; (3) on November IC, celling milk containing only 2.70 fat- instead of 3.25.

Mr. J. B. Prendeville, of the Crown Law Office, who prosecuted, said that the cases amounted to neglect on the part of servants to keep the milk sufficiently agitated. Mr. J. O'Shea., City Solicitor, watched proceedings on behalf of the City Council.

Evidence wa6 calle4 to prove the informations and the result of tho analysis. Mr. 0. C. Mazengarb, who appeared for tho defendant association, stated that all reasonable steps had been taken, and >|liat the association relied on tho warranty of tho City Council as to the quality of the milk supplied from the Municipal Depot. In August last, the association wrote to the City Council regarding the quality of the milk, and drawing attention to a definiene-.v ef but-ter-fat ill the milk supplied. The communication also drew attention to a report that some of the depot employees wore in the habit of taking milk from the tops of cans which had been standing for some time in cool storage. The assistant manager of the depot replied ■in effect that a searching inquiry i onld be made into the company's allegations, and instant dismissal would follow in the case of detection. Every precaution would be taken to supply the milk in compliance with the standard. C. J\ Duffy, manager of No. 3 Company, save evidence on the lines of counsel a statement.

Mr. O'Shea called Dr. Steele, testing omccr to tho City Milk Depot, to show that on the date in question the milk supplied to tho No. 3 Company was ip to standard.

Mr. R. Z. Andrew, Government Analyst, said all teste of milk taken from the depot of the City Milk Department showed it to bo above the standard. In delivering his decision, the Magistrate said that it did not appear that the defendants had taken any steps to ascertain that the milk was up to standard. Tt was clearlr established that the officials of tho milk depot had fulfilled their duty in a capable.manner. He was satisfied that a. conviction thould be entered on all three charges, but in view of tho very excellent record of the .issociation the cases did not call for the infliction of a penalty. Tho association would be convicted and discharge! on each count, and ordered to pay costs .ill 18s. fid.

A similar charge against Arthur J Slack was withdrawn.

CHEMISTS FINED,

George Moo and Co. and Len M'Kenzie, chemists, pleaded guilty to charges 0 f soiling lime v.'nter not up to standard. . Mr - R< Prendeville, of the Crown Law Office, stated that the actions wero taken with the intention <,f bringing to the notice of those in the trad© tho necessity of keeping their drugs i.p to standard. The defendants were both repiitncle firms, and it was not suggested that they hnd ever sold anything but the very best of drugs. The explanation was that the bottlos containing the lime water had 'been left uncorked, f.nd the substance had become, weakened bv th* evaporation of the acids. It was not suggested that the lime water had been adulterated.

J*-A w - ? ei ' sc ?. appeared for the defendants, and further explained tL'at war conditions had been responsible for a lowering of tho quality of many drugs and fbi 3 applied in the case of lime water.

. A fine of X?. and costs JEI 18s. Gd., was imposed in each case.

SECRET COMMISSION. p The charges against Frank Montague Pearne and Arthur Reeves Thomas, laid under the Secret Commissions Act, 1910 were adiourned till February 17.

OTHER PROSECUTIONS. |? s ;, co , sts 7s ' was imposed on David Dalton, who admitted being urn owner of « dangerous dor. Mr W J""',- * h ° nPPWred for the defendant! Tm"VJ™ » h f ( l°" attttcke<l Constablo J-ict at o.aO o clock one morning, but did J" 01 ? . it l ' The animal had sinco bfi&n sent to tho,country. r Un- ? un ? man ,1 aillcd Dona ld Howitt denied a charge of having driven a motorcycle at a speed .dangerous to the nublie safety. Evidence was given by two residents of Lynll B'oy that the d'efendf>!}t drove his inotor-c.velo along the Bay Road at a speed of 30 to 35 miles an Hour, and endangered the lives of a number of children, who were playing on the thoroughfare. The defendant mkl that there was no danger. A fine 0 n n i m Posod. e Sunday trading Raleigh Ginsberg mis fined ,El and costs, and 41bert Henry Ifumor. for a like offence, «ras similarly penalised. Augustus Hope, who also admitted Sunday trading, admitted a charge of selling cigarettes to a. small boy. He was ordered to pay fines and costs totalline A' 4.

A Chinaman named Joe Lee was fined ■£3 and costs .£1 Bs. for cruelly ill-treating a rooster bv keeping it confined in a smad box for six days. Ernest Askwith was fined ,£3 for using obscenc language, t u of ,£1 " ml costs was imposed on ■lohn Haves for being drunk while in chareß of s a horse and cait. The police evidence was that Hayes had no control over the horse, with the result the vehicle collided with a telegraph pole.