A PATENT FOOD CASE

Dominion, Volume 13, Issue 268, 6 August 1920, Page 8

A PATENT FOOD CASE

SMITH APPEALS TO SUPREME COURT

EVIDENCE RE-HEARD YESTERDAY

An appeal by Bert Smith, grocer, of Courtonay Place, against his conviction for soiling Mellin's food at an unreasonably high price was heard by Mr. Juslice Edwards in the Supreme Court yesterday. The appeal was by way of rehearing the appollant contending that his conviction was wrong upon fact as well as law. ' Mr. A. Gray, K.C.,' with' Mr. A. M. Salek as junior counsel, represented the appellant. Mi'. J. Prendevillo (of the Crown Law Office) appeared for the Board of Trade.

At the hearing of the case in the Lower Court it was shown that the defendant Smith sold Mcllin'a food for 3s. Gd. a bottle, Defendant said that when he fixed this price he was under tho impression that tho goods—which were really bought by him at 2s. ljd.—had cost him 3s. a kittle. He, however, allowed their retail price to stand at 3s. 6d., and he contended that this was not an unreasonable price. Tho Magistrate (Mr. E. Page) found that,the balance-sheets produced by the defendant did not show such a position as to justify tho price charged;, and ho fined the defendant XIOO. The witnesses who had Jxen heard in tho Lower Court were examined again yC A°new witness called for the appellant was Ernest Hunt, public accountant, who said that he had had a good deal of experience in the grocery business. He gave it as his opinion that Smith's profit on turnover was absurdly low. The practico of "evenlng-up' or "avorwas quite usual in various trades. Smith turned his business over about eleven times a year, and that was phenomenal, as tho averago grocer turned his business over only four or fivo times in the same period. _ More than onro during the. hearing ot the appeal His Honour said it seemed unfortunn'e that the Board of Trade should have hit upon a grocer who was known to its officials as one who supplied necessaries at a very low rate. • Leeal argument was not heard yesterday It will probably be heard bv the Fuli Court on a date yet to bo.fixed.