Shipping Dangerous Goods.

Evening Post, Volume XXV, Issue 134, 8 June 1883, Page 2

Shipping Dangerous Goods.

» At tho pitting of the Residont Magistrate's Court this morning, before Dr. Diver and Mr. Eb. Baker, Justices, Mr. Jacob Monteith.was charged that on tho 13th of April he unlawfully attempted to send by the steamer Hauraki a bottle of nitric acid without first complying with the provisions of the law in respect to dangerous goods. Mr Edward Shaw appeared for the accused, and pleaded Not Guilty. Chiot Detective Browne conducted the case for tho prosecution. Andrew M. Loasby gave evidence that ho wa3 a chemist and druggist in the employ of the defendant. On the 13th April he forwarded an assortment of drugs to the Armed Constabulary dep6t at Manaia. The case was for shipment by the steamer Hauraki. He could not tell the whole of the contents of that case, but recollected that there was a bottle of nitric acid pocked in saw-dust. There was n* label placed on the outside of the case to show that the hitter contained dangerons goods. Tho only label on the outside was one marked "Glass — with oare." Mr. Monteith knew the order was to bo sent, but did not know in what manner the goods were packed. Edwin Patrick Armstrong, a carter, deposed that on the 13th of April he was employed by the defendant to take some cases to the steamer Hauraki. Tho order came through his employer, Mr. Mnnt. He received three cases at tho defendant's shop. When he got down the wharf he found that ono of the cases was on fire. He opened it close to the hatchway of tho vessel. Ho saw no label marked " Dangerous "on the box. Tho goods were eventually taken possession of by Captain Bendall. By Mr. Shaw — Ho was not told by defendant to take the goods down to the steamer. He did not attempt to plaoe the case on board. When ho told the last witness about the occurrence Mr. Loasby informed him that one of the other cases contained some weak acid. Witness returned to the steamer and tried to regain possession of this case, but ono of tho officers said it was down the hold and could not be brought up. Tho steamer hands were very busy at the time, and he did not care about troubling them any further. Captain Bendall, Marine Surveyor to the Underwriters' Association, gave evidence that on the 13th he saw smoke issuing from a case on the wharf, and considering that the goods endangered life and property ho took posseson of the box, subsequently writing a report on the subject to the Secretory of the Association. Mr. Shaw contended that the 'Bench must dismiss the information. He held that nitric acid was not synonymous with the aqua forbis montioned in the Act, tho prosecution having failed to prove that the former was dangerous within the meaning of the section. He also urged that there was no evidence to show any privity between the defendant or the master of the vessel; that the goods being the property of tho Crown, the defendant could not bo convicted; that the proceedings had not been taken in the name of the Minister or anyone under his control, and that the prosecution had also failed to prove an attempt to place the goods in question on board the steamer. Mr. Monteith was called to prove that he was not aware how the goods in question were packed. The case was dismissed.