CHARGES DISMISSED

New Zealand Times, Volume XXXIII, Issue 7851, 13 July 1911, Page 1

CHARGES DISMISSED

NEW ZEALAND MUTTON PROSECUTION BY THE PRODUCE COMMISSIONED FUOM OTJE SPECIAL. COHTIESI > ONTSENT. LONDON, Juno 2. A prosecution set on. foot by Mr H. C. Cameron, Produce Commissioner to the New Zealand Government, against James Hall and Sou, shipping butchers, of Liverpool, waa dealt with on Saturday last. May 27th. Tho case had been partly heard two days previously. The prosecution was u usuoces&f ul, the Livorpool magistrate dismissing the chargeeon tho ground that no prima facie cast had been made out. Mr S. F. Butcher, counsel for tho prosecution, explained that the against tho defendants wore (1) that on April 12th they unlawfully applied a , false trade description wTthiu the meaning of the Mcrcnandiso Marks Act by describing a carcase of mutton as having been supplied by tho New Zealand Refrigerating Company; (2) for selling as “Canterbury mutton/* mutton which waa not Canterbury mutton; (3) for selling to the Allan Dine certain carcases of mutton, to which a. false trade description was applied; (4) for having had in their possession carcases to which wore attached tags bearing a false trade description, , The New Zealand Government, paid Mr Butcher, had taken special care that the mutton and lamb exported from New Zealand were sound in quality. Acts of Parliament provided that before any mutton was ’slaughtered there should bo a veterinary inspection • of th-* beast, and that after slaughter tho _ carcase should undergo further inspection, and a certificate should be attached to every carcase, without which it could not legally be shipped for export. A tag was attached to each carcase, and on a part of it appeared the certificate of the inspecting officer showing that tho carcase was fit for shipment. The result of these regulations "was that of all mutton imported into this, country. New Zealand mutton had attained the highest value. He proposed, to .show that in this case instead of shipping New Zealand mutton tho defendants had supplied Australian mutton. For the week ending April 12th the difference in the market value of New Zealand, and Australian mutton was something liko 33 per cent in value in favour of tho New Zealand mutton. Mr Butcher added that tho defendants did a large business in sunrdying meat to shipping firms- and others.

■Mr Cameron and other 'witnesses pare evidence bo the effect that the defendants had delivered to Allan lino ;st6am ore’- carcases cf rantton to which were-at-•famhed a label bearing the words—‘'N 1 - ry Zealand Refrigerating Company,*'; which had been non-existent for six years. ■ Sir Kennedy in cross-examination, told Mr Cameron that the, defendant had :beOT r lnsing , fthose- labels 'for. the poet fourteen years, and Mr Cameron .replied 'that if thatvwas so it ; must have been ’done'for the purpose, of fraud. The label would indicate to - anyone that the mutton .came from .New Zealand. , The .witness added that he| would be surprised to loam that the New _ Zealand Refrigerating.... Company. 1 had. ■ given the ’defendants’, express permission .to use that label. The fixing of the label to the carcases by the defendants’ servants ■was done quite openly. Tho victual ling superintendent for the ■Allan Lino deposed to .having ordered large quantities of New Zealand lamb and Near Zealand mutton from tho defendants.

In replv to Mr Kennedy, witness said he had had no reason to complain of Messrs Hall's supplies. At the resumed hearing on Saturday Arthur Pev’enport, book-keeper at the Riverrido Stores of the Union Cold Storage Co., wo.c called to give evidence'as to the quantity and character of the defendants* mutton sent out from the stores. The books, however, did not show whether particular con«=ngnmentß by the defendants were New Zealand or Australian carcases; they represented the quantity of the stock, hut not the character. , , The Magistrate: Messrs Hall contract to supply New Zealand mutton; how are they to know it is'New. Zealand mutton they acre getting?—l cannot tell you that.

What is the object of keeping these misleading Ixxoks ? It is not a record of fact. It is a record of quantitiesMr Kennedy, for the defence, suggested that the method was a perfectly adequate and natural way of dealing with their own business.

The Magistrate (to witness): Tout company is not lending itself to any system of fraud?—Certainly not*, there Is no idea that the system could 'lend itself to that.

Stephen Flynn, foreman at the cold storage, said his duties consisted. in receiving goods into the stores and in the delivery, Now Zealand sheep were treated in a separate pile. Special articles wore kent by themselves, but he had no permanent record of the goods he had to deliver. Georg© Fif’M, labourer *at the cold stores, said that, on April 12th h-p assisted to strip and takp the tars off the 02 or 63 itheep received by Hall's carter. The sheen, he d rs olnrrri wera Australian. Cross-examined, Field said that fitrmnecl and retagged one sheep oonld hardly be told from another. Mr Kennedy submitted that on o thin particular summons there was no prrima fari© case.

Tbo Stipendiary decided that no primp frcio case bad l>een mad*® out, and lie the charge, disallowing an aimHc.h'Hou for costs. Other charges on this A further charge that the defendant/? applied a false -trade description within the mining of the ndj.se Marks Refri-To-rating Co., Burnside Crweent Brand,” to certain carcases of mntton. wae also dismissed, tho defendants being allowed. *£3 3s costs: