MAGISTRATE’S COURT.

Hawera Star, Volume XLVIII, 4 September 1924, Page 9

MAGISTRATE’S COURT.

WEEKLY SITTING

The weekly sitting of the Hawera Magistrate’s Court- was held to-day, when Mr. J. S. Barton, S.M., presided. DAIRY CO. CHARGED. The T. L. Jail Dairy Co. was charged by the police with selling to Lewis Houlahan butter in a package which had attached thereto a false label purporting to indicate the weight of the butter contained in such package. Sergeant Henry said that on July lo Mr. Coleman, the inspector under the Act, visited Houlahan’s shop at Okaiawa and found that butter exposed for sale was short of the required weight. One package, was S drams short of lib.

Mr. Coleman, in .giving evidence, stated that on July 15 he visited Houlahan’s shop at Okaiawa and weighed a number of packages of butter which, according to the label, were supposed to contain lib net. The first package weighed was minus half an ounce of the- full lib weight, and on this package being weighed with five others it was found that the whole was loz short. - The shortages in three other lots of 61bs each were loz, llozs and foz. The wrappers round the butter were similar to that- produced in court, which bore the name of the T. L. Joll Co. Cross-examined by Mr. Houston, who appeared for the defendant company, witness said that on the isame day he visited the Joll factory and there weighed three lots of 61bs. One lot was loz overweight, another was Hozs overweight, and another was correct. In reply to further questions by Mr. Houston, witness admitted that the scales had been carried round the country by three different inspectors. He did not know if the scales had been tested, but they bore the departmental stamp and had been carefully looked after by witness while in his possession. In ' reply to His Worship, witness said he did not purchase the package which lie found to- be underweight, as instructions from the department in connection with this practice had been countermanded. Louis Houlahan said in evidence that--the inspector visited his shop at Okaiawa on July 10, and witness was present when the butter in question w-as weighed- He had not checked the butter he had received from the company during the past twelve months, but he had heard. that the company had been warned as to shortage of weight in 1921.. Mr Houston submitted that it uould be hard to find a. case of this kind presented to ; the court with less clearness or definiteness or more complete absence of convincing proof. Ihey had evidence concerning happenings on July 15, but not on July 14, as mentioned in the information. In the second place there w 7 as no evidence concerning a specific lb of butter identified and produced before the court, thirdly, there w-as no evidence of any sale by the Dairy Co. to Houlahan In this event the prosecution must break down. His Worship agreed that there was no evidence of a sale by the Joll Dairy Lo., although Houlahan could be charged He was strongly of opinion that m such a case the evidencemust be proved up to- the hilt. Noncompliance with the standard of weight must be proved as clearly as non-compliance, with the standard of purity. He was not prepared to icgister a conviction. A MAINTFiN ANCE DEFAULTER T'’ r disobedience, of a maintenance " oVe, £oen' en ;'f °" *“«•> CO o\ ei A. 200, the maximum penalty vas imposed on Chas. William Young who was convicted and sentenced to six months’ hard labour in the NewPlymouth gaol. Mr. Beechey f 0 • complainant, said that his client agiesd to the prisoner’s earnings being paid tf> the Hospital Board who had supported her w-hen her husband had failed to maintain her. BY-LAW CASE. _ Teki Rangi was . fined £1 IQs with f translation fee and 7s court ’ costs Nonnanbv a }'P le "' ithout “<**«' ™ ivoimanoj. ft was stated by the police that when first interviewed Rangi had given a false name.