MAGISTRATE’S COURT.

Hawera Star, Volume XLVI, 6 August 1926, Page 8

MAGISTRATE’S COURT.

STOLEN HAY

PLEA OF GUILTY

The fortnightly sitting of the Magistrate’s Court at Hawera was concluded yesterday before Mr J. S. Barton, S.M. Arthur Edward, Sparey, labourer, of Hawera, who was represented by Mr N. H. Moss, pleaded guilty to a charge of stealing a bag of hay, valued at 2s 6d, the property of Harry Steffert, farmer, residing on the Mana.wapou road.

Sergeant J. Henry said that at about 7.30 on Thursday, July 22, accused had been found near a haystack on Steffert’® property with a sack partially filled with hav. Accused had admitted he was gettnig hav to feed his cow. Five other sacks, which were empty, were lying by the stack, hut Sparey had denied they were hi®. Nothing detrimental to ’his character was known against Sparey previously. He was a. married man with two children .

In, asking that Sparer be leniently dealt with, counsel suggested that- accused’s name in connection with the proceedings lie suppressed. This was refused by the magistrate, who pointed out that the theft had been premeditated and hadi been carried out under cover of darkness. He also said that the suppression of the name would cause conjecture as to the identity of the thief, and -suspicion might possibly be cast on innocent persons. He gave accused the option of a term of nrobation or a. fine.

The latter was chosen by accused, and a. fine of £2 10s and costs' was inflicted. BULL AT LARGE. A plea, of technically not guilty was entered by Mr F. C. Spratt on behalf of G. W. Gane, of Normanhy, who was charged with permitting a- bull to wander on the- main road at Normanby. The town ranger -said -he had' found the bull at about 11 a.m. about half a mile from defendant’s- residence. Defendant’s- son had arrived shortly after and taken it in charge. Counsel submitted that immediately defendant had known the animal was at large he had taken steps to -secure it. As all possible action to prevent his- stock breaking out hacl been taken by defendant, it could not be -held that he had “permitted” the bull to be at large. The- magistrate intimated that in- the interpretation of the charge the term permitted had to lie read as having failed to prevent the offence. Under the circumstances, however-r, a light penalty would suffice.

Defendant was convicted and fined 2s 6d and costs 10s 6d. STANDARD OF MILK. YEN DORS’ R ESPOXSIBI LIT Y. DAIRYMEN IN COURT

For selling milk which did not comply with the standard required under the regulations of the Sale of Food and Drugs Act two suppliers to the town of Hawera, John P. Craig and Maurice Leydon, appeared to answer charges preferred in the Magistrate’s Court at Hawera yesterday, before Mr. J. S Barton, S.M. Pleas of technically not guilty were entered in each case, it being urged by counsel, Mr. P. O’Dea, that the breaches had not been wilfully committed, and that- as shown by the evidence the respective vendors were not responsible for the condition of the milk in question After the evidence had been heard, the Magistrate in each instance said he was satisfied that no deliberate adulteration had taken place, but in entering convictions he stressed flint milk vendors must be held liable for the prevention of any addition which might adversely affect the condition of the milk they sold. Each defendant was convicted and fined £2.

In the case against Craig, evidence given by the health inspector, Francis

G. Coleman, was to the effect that on tlie morning of June 30 he had purchased samples of milk from an employee of defendant. The analysis showed, an addition of 20 per cent, of water to the milk and only 7.7 per cent, of solids not fat. The regulations required that the milk must- be sold as supplied by the cow, ami that the .solid content not fat must not be below 8.5 per cent. Cross-examined by Mr. O'Dea, witness said he knew defendant had been in the milk supply business for six years. Of 35 to 40 samples taken from defendant this was the only instance of such a breach. ,Mr. O’Dea told the Court that the presence of the- added water was due to a Leak in the cooler, through which the water had oozed and entered the milk. The milk from which the sample had been taken . had been procured from a farm on the Waihi Road, where a small crack in a seam of the milk cooler had been discovered on the day the sample had been taken. Evidence in support of this was given by an employee on the farm, the owner, and a. plumber who had repaired tjie cooler.

Quoting figures of previous tests, Mr. O’Dea- said that on May 17 the analysis showed 9.25 per cent, solids not fat,; on June 30 and July 4 respectively the tests shewed 8.54 and 8.80. ' ; . T . The case against Maurice Leydon was that on June 30 a sample taken showed 7 per cent, addition of water and 8.16' solid content not rat. Defendant explained that the milkhad been taken in good faith from a farm at Tokaora, and no addition of water had been made by defendant. When the farmer had been told concerning the- test he had said he did not- know of any addition of water, but he could not give any guarantee m the matter. Since then defendant had not taken milk from the particular farm. Defendant, had been supplying in the town since Christmas. Two other samples had been taken, hut- no fault was shown in the analysis.