MEDICATED WINES.

New Zealand Herald, Volume LII, Issue 16008, 28 August 1915, Page 5

MEDICATED WINES.

SALES BY GROCERS. MORE THAN 10 PER CENT. PROOF SPIRIT. LICENSES NOW REQUIRED. A prosecution under the. Licensing Art of considerable importance to grocers was brought before Mr. F. V. Frazer, S.M., at the Police Court yesterday "hen Forbes William Riach. manager of Smeeton s, Ltd., and Robert Burns, an assistant, were charged with on August 5 selling liquor, a bottle of Steam's wine, finch being a medicated wine containing more than 10 per cent, of proof spirit, without having a license. Both pleaded guilty. w

•Sub-Inspector Mcllvenev said that on the date in question Sergeant McCarthy went to Smee ton's shop and purchased a bottle of Steam's wine for 4s. This was divided into three equal parts, and one was sent to an analyst. He found that it contained 32 per cent, of spirit and 0.04 of iron, but lie, was unable to find any cod-liver extract as stated on the label. It was an ordinary table wine. In 1909 a similar prosecution was brought I against another defendant, and a conviction was entered, but on appeal Mr. Justice Edwards reversed the decision and quashed the conviction. His Honor held that medicated wine did not come within section 34 of the Licensing Act. In 1910 the section was altered to include medicated wine. "

[ Mr. Riach said the wine contained & certain amount of iron and cod-liver extract in a dry state, and the manufacturers were prepared to prove it. It was sold throughout New Zealand by merchants who rested on the judgment given bv Mr. Justice Edwards. Thev were quite unaware that the Act had been amended or they would not have sold the wine. , Ihe magistrate said that as far as the reputation of the firm was concerned there was not the slightest doubt about that and it was quite reasonable it should feel secure under the judgment of Mr. Justice ha wards. The amendment to the Act however, included mediated wines "containing more than 10 per cent, of proof spirit, and Steam's wine contained 32 per cent. It was undoubtedly a srood tonic, but there was more wine than tonic in it. He was perfectly satisfied that the firm would not be of anything in the nature of sly grog-sellinu It was just a matter of chance that it 7*ippened to be "dropped on." Defendants would be convicted and ordered to pav the costs, amounting to £2 9s.