MILK AND WATER

New Zealand Times, Volume XLIX, Issue 11168, 25 March 1922, Page 4

MILK AND WATER

A FINE ANO A WARNING .“IF YOU HAD TO PEED YOUR. CHILD ON IT?’’ WOMAN’S BUSINESS DEAL. Ellen Desouza, the keeper of a dairying establishment in Tory street, was proceeded against in the Magistrate’s Court yesterday for gelling milk on February 2nd containing 21 per cent, added water, contrary to the provisions of the Pure Food and Drugs Act, 1908. She was also charged with having the # milk , for sale, suffering the milk to be kept in an unclean vessel, and using a oan with broken edges and rusty surface. > Sub-Inspector McNamara prosecuted and Mr 0.. C. Mazengarb appeared! for the defendant.

Frederick William ORiaiwlinson, milk inspector, gave evidence of having taken a sample from a two-gallbn pail, and finding it to contain 21 per cent, added water. Respecting the inspection on February 17th, the said' he had examined a five-gallon oan and found it thickly coated with green bacteria, or green “aidme.” To Mr Mazengarb: It took at least three days for the green to appear. Soda should not make the interior of a galv&ntsed can go green. NEW TO THE BUSINESS. Mr Mazengarb said that whilst pleading -guilty, he wished to point out that his client had only recently gone into the business and iwras not entirely aware of the regulations affecting milk vendore. If it had been pointed out by the inspector on his previous visdits that such a can 'become in an unsatisfactory condition the action might have been prevented. The woman was dependent upon the business to support her two children. She had taken over the 'business and carried on exactly as ahejbad been.shown. There Was a distinction, maintained counsel, between “watered milk’’ and “milk with added water.” The 'bag milk suppliers had a warranty on the City Oounoil, and if they got that warranty there was nothing to stop them escaping their obligations. The poor unfortunate retailer hod no such warranty.

The magistrate: Do you mean to say that a big milk distributor can victimise a small person like thafcP ~ Mr Mazengarb: There is nothing* to •top it, sir. The magistrate: But there is 21 per cent, added water. '

Mr Jiazengarb said that the milk had not been tampered with by the defendant. However, no evidence that he might -call could affect the decision nmh The woman gitoply had to “acwept it;” He asked the magistrate to take into -account that there was no (guilty knowledge and that the woman was dependent upon the dairy for her living. A person, he said, might, under some circumstances, add a little water, but no one would be foolish enough to add as much os 21 per cent. ’-i ABOUT GREEN “SLIME." The defendant said she had not noticed the green bacteria referred to until it was pointed out to her by the inspector. Regarding the milk alleged to hove added water, witness said the milk hod been delivered early in the morning. She hod been surprised to find that the milk did not ocane up to standard. To Mr McNamara: Her little boy sometimes served in the shop. The magistrate questioned the inspector regarding the possibility-of anyone tampering with the cans in the early morning. - The inspector said' that that defence was only raised, as a role, in court. -

“This is a bad case,” said the magistrate ; “about as .had a case as I have heard. . . . She will be fined £26

for selling milk with added water, 40a for having a dirty can, and will be oonvioted and discharged on the ’ other charges." FINE REDUCED. Later in the day counsel obtained leave to address the court to show why the fine should Ibe reduced. He considered -that His Worship had been influenced by the seriousness of the charge, but also possibly by the fact that the defendant was a woman of means, as she had stated to the magistrate that she had paid £6OO for, the business. This money, he explained, had been left by her brother, who had since died. The, defendant had been separated from her husband, and had not 'received a penny maintenance, for over seven years. She had been “taken in” with the business. He had consulted the inspector since, and the latter had stated that apart from the charge, the woman was scrupulously dean. “DESIRE TO WARN.” "My great desire,” said the magistrate, “is to warn others”’ Mr Mazengarb: Quite so, sir; but the warning comes down in a case like this to a poor unfortunate woman who can ill afford to suffer. Mr Hunt; The fact remains that the milk contained 21 per cent, water. Mr Mazengarb: That’s not the woman’s fault. Mr Hunt: What would you say, Mr Mazengarb, if you bought such milk to feed your own infant child? Mr Mazengarb: I would, blame the roan or the woman who sold the unfortunate woman the business, sir. AN ASSURANCE GIVEN. The magistrate: If you assure m<s that every oar© will be taken and that this is a warning to others. ... I want a warning to go out. I know one really goes out onoe a month, and will probably go out until I give them three months’ hard labour. The fine was reduced to £l2 10s.

ANOTHER CASE. Paul Olsen, who kept a dairy at Island Bay, was charged with -having milk in an unclean vessel, and kaving a can with hroken edges. The, inspector gave evidence of having visited the promisee. CLEANED by a boy. The defence was that a boy had been employed to dean the cans, but had not done them properly, and used cold water. As soon as the case was over the lad would be dismissed, and the defendant would dean the pans himself.

“It will be a lesson,” said the magistrate, in imposing a fine of 60S and coats.