THE POLICE COURT PROCEEDINGS.

Otago Witness, Issue 2310, 9 June 1898, Page 24

THE POLICE COURT PROCEED INGS.

Andrew and John- il'Farlane weie cftarged • before Mr E..H. Carew, S.M., on Thursday at tha ' City, Polica; Court with having on the 31st May ; in~ their possession, deposited in their business premises, for' the purpose of grepaTation fbi-sale and intended for the food of; man, 19 carcases of i mutton which/ w-ere .until. for the food of man.

' 'Mr Qhapman appeared" to- prosecute, and. Mr s Sim foiv defendants,, who pleaiiedaiot.gxnlty: j Mr Chapman said this 1 prosecution was- laid « undbr section -#1 of. lh^ Jk'nbhc Health Act; Certain, carcases of; sheep h&viog netn seized' and < condemned an information bad been laid, against the owners iv terms- of, section. 8),, the penalty being; a. fine not exceeding., £"20; Tha circumstances were niore.oivless known, to. his "Worship. ;He (counsel) would, prove- thafc the meat was found in the factory of" Messrs A. andi J. M'Farlane, and was until/ for human food. He asked his Worship to deals with. the case-accord-ingly.

| W?. D. Snowball, veterinary surgeon,. rep-satad t 1 Uis evidence ns to- inspecting. the 1 carcases, and j finding them uniitr for fooii. The caicasc-s, w«io I not y.etr set. hard. i T<6-MrSim : Could aot say as to any disease. >' It was- vesy, poor mutton. Would, expect ro fin il ' any disease*- in> the internal organs, which had 'been removed— not 1 in tlio- carcase; It was- more thanspoor; mutton; 'Bissuu' cha-ngso had- gone- on Tha lneafrhadlbeGome iuuutritious and. harmful

Richard- Donaldson,- also repeated the; cv.i Jenice givem by, hinnou tho-previoua.day j Mi: Sim. said the- anus was thrown-upon them to Ij show under' faction 80*tlUtb thesß:carrasei'wera not . exnesed far s>a!e, ifcc. What' they would prove i was that fchnso carcases were theteifor the nuvpme '■ of- being destroyed, anil wever being- destroy-ed whenr&liv Donaldson changed* his-, imud as to, what tshonkl bcdonei

Gross-examined- by Mr. Sim, Donaldson- said he ( was. expected v ut-t'h& factory, aud the carcases were [.hanging up openly whem he gof then?; Mr 1 Jj'indlay might* haw» said' be-- would 1 boil tllem ; dawn;, and witness- might have said), "Do not touch them till- BEr SnowbaLl, lias- htadia.lootedt them.'.' It. might have, bsen the, understanding that. the fat shoLildibt! taken off what was in the :j>ans and. tii*t the r&niniuder should, be boiled ''down under witness's super-vision later on. j, Witness .called, with Mr IJiwran about 6" o'clock, ! and' told' Mr. JTindloy, he was* going, to take the ! f aheet>.a way. Mr Eiudlav asJcod that they should " be.allbjvnd to remain. till.tho l'6Uowh>g.day.<

To Mr Chapman : Witness ssticl lie would, take the ghecu away whan Mr Snowball nanrlamned

-them. Mr Snowball said,, ""l'll have to condemn tKosa alreep; Mr. M'Farlane."

Thi3 concluded the case for the prosecution,

Mr Sim, said he would be able to satisfy his Worship that when these sheep were oo the premises they were n-ot- there for the'purposa oft beinjc used as food-— for human' consumption, —bub had • already bsen condemned before being seized., and. were being boiled down as fast as possible. Sheep . were usually purchased, by Mr Wilson, for the firm, but in this instance" &n agent had purchased' the sheep, and they were killed ab Mr Waldie'a 1 slaughterhouse. ftfr Andrew M^'lTarlane was '< away at tile tinm, and' lie did- noc know that the sheep had- bean killed there; He- thought? they , had beeu killed- at the City A battoirsi where all sheap-for the firm were to be killed It was. not , known that they, ware Isilhid afc Sir Waldie's. j When they came in Mr Findlay gave instruction? : tliat all' these shaep were to ba boiled down. j When Mr Donaldt-on came in he was shown the i sheep, and wa» told' that, they- were 7 to be boiled [ down. Mx Donaldson, however, wanted Mr I Snowball' to see them, and' they, were held over j till the next day.. Mr Snowball saw them, and it : was decided to have, them boiled dowu Mr 1 Doual'dcon was thero for two hour? watching | them b-rfinß boiled d'owu. He then went away on ', the uiiderstanrfins; that Jie was to cali agaiu the • next day, when the boiling down was to bo-con-i tinned,, but instead he came>back in a quarter of |an hour. and. made the seizure. As soon |as Mr Findlay saw bhe sheep on Monday ; night he said, "Thnse are to. be destroyed, but i we will keep them till to-morrow morning to let |MV Doualdson see- them." They wera bbinsr | boiled down as fast as could be done, and' it was ; quite plain that. the- seizure w»s-\> wrongful one, and defendants wre not liable to a penalty It was a moat improper thing that the seizure should have taken place under the circumstances. Tbe she^p were not exposed for sale, they wete not , being, prepared for sale, and were not intended .for Bale. They were to be boiled down for the sake of the ttillow. This arrangement had been agreed upon by, tHe inspector, but for some inex- ' pljcable reaban it waa departed from. The seizure was m«de, and the firm were greatly in- | jur.ed in their business. They wero dragged I before the court, and putto a great deal of annoyi atice.

Mr Chapman : It was arranged that no further carcases should' be brought in, and more were brought in.

Mr Sim : That was so ; but thesa were brought in- before they could- be stopped. When they catne in they were kept for the very purpose- of lebting Mr Donaldson see them. It was known that Mr Donaldson wa« going to call to see the seroaining nine beit>g, destroyed, and they, wera hung lift till he came in. Instead of this,, however, the arrangements were departed from. His Worship : It is certainly a very strong point in defendant's favour that they were kept there knowing that the inspector was to call in the morning.

> Andrew M Failane said' he supervised !be f&c- , tory, am Sir ITiudlay was the manager. Witues3 was itwav at the Taieri 1 when these sheep were purchased on J'riday. They were not purchased Ihiough their usnal agent, Mr Wilson. He was away nil! Monday. He saw Mr Donaldson when he was rushing to the railway station. Mr Donaldson asked if he could go through the factory, and he said " Certainly." People frequently viait<sd the factory. Th«y w^re of tea there, and could see the quality of the meat used thce. The firm was most particular as to> the quality of eveiyf hiDg in the factory, and he cmld assure the court that that was uot the quality of meat used at the factory. To Mr Chapman ; Witness was not in the factory on Monday morning. So wa3 not in the f&ccory bet«-eeu ITi-iday nigkfc and Monday. Ha first heard that the " sheep were killed at Waldie'ji on Tue«day. They never had their animals Killed there before. JT'e had an obiectioD to their bning killed there. The Ftie^p were part of a mob,. and the balance of the mob. hail sines bean sold.. If he had seen the meat it. would never have been, used- in the factory.

I .! ohn Findlay, manag-r of defendants' factory, said he did not know-of the-purchase of'the sheep | till Monday morning. He had been away at I Wellington. When, he came back he f'.und that j2O of these aheephad been brought in When Mr i Donalfl&on came, in it was arranged that 9£, were to be- destroyed* h was' also arranged that no more of. that sort of sheep> would be delivered- at the factory. He did not expect any more-sheep from Waldie's that day,, and he did not expect any | more- till Wednesday. It was arranged r.hat the \> 9i were to- bs boiled clown on Tuesday. Witness was not. in" vhe factory- when, the second lot came in. He afterwards found that 20 further carcases - hadtbeen.dpliyeixd. He told* the storeinnn that if he had beeu there the carcases would never have been allowed to come in,, and" that they would ; have to be boiled down. JEe said that, however, : as he hud'nothing-to Hide; and- knowing that bhe inspectcm wouTd'be in- in the- morning; he' would ! leave them there. They oould have, bean jt destroyed 1 theret-andfthen; in SOiminates by being j' put in th& retocts. Mr. Donaldson, came in. on ! Tuesday, and witness. aakeif himt if he knew that !20 carcases had cune in; He replied' 3'es, he knew they earner in at 520 on tile previous nignt. Witj< ness said, " I could" have- had' them boiled down j hynow, liub I j let them lie to give you an opporj Uluity of seeiufc them." He askt-d witneSb if he would mind leavin§ them till Mr Snovybail came in. Witness replied: "No, certainly not." The nine and a-half were hanging thei-e, and were not being, boiled down. He told Mr Uoualtison h« •■ ■was.goinfiKtojinake a-stai*to boil them down, and he said : " Get theni ready by 11 o'clock, when Mr • Snowball, will', be in."' Mr Snowball and' Me Donaldson came in at 11.30. Witness waa not in th& factory, and he had" no conversation wiiL. them-then. WheniDonaldson.and.Snowbsll,' wer.t Seaway;, M-'Kenzie said, that Mr Snowball had.conl damned 18. Witness said': "All light, nut them, iv the pot."* They were cut up, and the boiling cooimenced'at II 11I 1 o'clock. They- ninde a start, aud 1 wera- boiling »11 the afternoon-. Mr Donaldßon j wtis.fchero. fie was. sitting- on the sfcau! {shutting I away. Witness had a, couversatiou, with him ab j 4 o'clock, tie remarkedi io> M'Kensie; '"They j oughtrto be done- by now." W.ituetts su^geatud j they had better be left till! the morrow morrii ing t'er allow the tallow to aat' le, and' the> balaruce of tlie meab could' ba put in>. Witness' added : " Lccive you- my word'that nona- will be touched till the morning." He- said, "I am. quita i satis- [ fled," and went away. Eifteen. miiuiteis ] after wituees saw him again, and hb (said; "Don't touch the balance, of the mutton till r tell yo 1 -.." He. brought ?h Mr Barrou and- counted tlie number- off carcases. Witness I told'them bhat the'Salantie-shoula riot?be<bbuched. j Witness saw Mir Donaldson later about five | minutes to 6, just before closing- bime. He came j rushing, into- tha factory, wLlh a piece of- papsr in ; his hand and demanded. the. carcases. Witness I refused to give them at the aiomenfc, and. asked j Donaldson to let the matter stand over- till' a ' quarter-past 10 the following morning. Mr i M'Farlane, who'had been sent tor, gave him his i word- of-honour that- they, wouid^ not. h& touched. I Next morning they were, taken away. As.sooni,* ! witness saw them on the Monday^ evening, he conj deinned the whole 20 himself.. They were, aot | being kept there for the, purpose of sale— merely I far destruction

To Mr Chapman : Witness told M'Kenzie at 8 .o^clock, on Tuesday morning that the carcases were to be destroyed. it was hia. view after-con-demning the- nine- a-ad' a-fralf and seeing' the 20 carcases- that they were aot. suitable far their c!ass of goods. Wituess did not hear AFtCenzie sa.y,inji in.uourt tbat he had been told! by witness that thfi sheep were to be condemned. He knew that AE'Kanzie had been examined' aod crossexanaiued. There was not, to hiw tecollection', a w/>rd 3aid by, ftl'lCenzia thai he had been told' the inuafc was condemned;

Atr. Chapman : Was nob the, whole tenor of his pviduncu- that it was fit Gae.at, and that he was spiug to-use them?

Witness . He said it was fib meat, but I do uot temember his saying lie was-going to use it

I H.i«. Worship.: Utrdoubtsdly- he, did-.. He said butchers? meat, was only show-meai:aad nob fib for c^nniug. - Witness, being fuither cross-examined, said- he refuaed'to let Donaldbon have tho'oarcases that i3igh(r. Did not refuse to let* him have them uext morning. The. reason* they were late-downi at the court; was that there. was some'misutideri'shtnding. I Gould not say, who; bought, bhtft sheep. Did} not l' know the price, nor who) kue-w the Brice.. Knew about directioua beine given to sell the sheep

I since, but did not know the price. Did. not know how the sheep came to be killed' at Waldi&'s. Was not aware bhat Waldie was ia the habit cf delivering thinga ab. night. W-*s nob present whenthe sheep- were delivered. It waa fcfee- stoi-ftmanV duty to do this. Saw tho. meat 10 'jr '-2 minutes, after itr came in. Witness saw part of the cutting going an, and' told fcbe men to* use fcbe best af it and boil the rest dowu. By boiling, down witness meant destroying the, meat. They might get 40, 60, ov 80 sheep ie in m week. One.per cent, was a fairaverage to condemn. Would haveicondemned the whole of the last lot if the present case had ' uever arisen.

John Pftrriraaa, storetnun, with defendants,, sairt "tbe sheep were brought in about 20 minutes past ,- 5- o'clock, and' were receiver!' by him. Sbma of ; t,h?,m' had been brought in when he saw them, \ and he brought iJie. rest in Findlay saw thens 1 after, asd. said it was' a ajty they had. cojne in, I they would' have to be boiled down for. f afc. He did not say what should ba done with. them. Did I, not usually receive these things at night. It was "usually about 8 in the morning

John M'Kenzie; meat-preserver, said he saw Moaday nigUt's sheep o>\ Tuesday morning, Mr J, M.'Jfarlane hsd told witness previously that nn Kinre of that kind of sheep were coining, in. His Worship : Onuld ifc not be prevented 1 Witness : Yes. (Continuing) : Told Mr Donald1 son the carcases would bo boiled down. They were held over from Monday till Tuesday to suit bhe boilers. Mr Snowball told Mr Donaldson to 1. sea that they were boiled down or destroyed. 1 Donaldson said to put them in th<* boilers. Attsri wards, when the carcases were in the boilers, 1 Donaldson said he was quite satisfied.

To Mr Chapman : Witness^kuew that there wa3 a mob of 240' sheep, and thought he made a. re- ' mark to Mr Findl>y about what waa to be done . with the re>-t. The carcasses wera not of tbe class witness haii beenaa the habifc of receiving while in the emplny of Messrs M'Farlane Had not rejected &he«p as whole sheep, but had rejected portions — Mich as a leg bitten by a dog William Patrick Coghlau said he was, present

! wnen. jJona-iasoH urau uume iv ueiHisua-ui. s ; premises. Findlay said with regard to the sheep, I ''You seß I have not touched them, .[-ani going jto boil the m down." | Alexander Wilson, butcher, deposed' that he ' had always been instructed to buy good ! quality 1 mer>t for the firm. i W. J) Snowball (recalled), in reply to* Hr Chap- |. man, said that whenhe went into defendant's pl».ce ' [ with Donaldson he asked who Mr M'EarJane's •' ; representative was, and a young man replied' that | ihe was Mr jUMTariune's nephew. Witness ex- [ amiaed the sheep and rejected likpub of -20 Mr , i M' Favlane, jun., askcl what was the matter with 1 them — were they diseased, — and witness replied j ■ that they were quite unfit for human consump- ■ tion> Mr M'lTarlane was about to argue the point, ; and said they wera the class of stock required for j tizming,, as fat sheep did not suit. Witness, said, ! "Very well, ibdoes nofc matter. Mi Donaldson, you seize those sheep." Donaldson then said, " I I seizß these sheep," or word* to tint effect. ( To Mr Sim : Nothing was s<ucl about boiling 1 dowc ia ray pteswuce "~ ! W. B. Taylor, town clerk, said when the first j lot of nine sheep were sn.ized Sir John M'Farlane came to him and an arrangement was come to. Mr j M'Farlane t- aid that seven sheep had bees- seized '' and condemned, and he asked that they might not be removed from h)B premises, as if seen going out ifc would soriou 1? injure hia tr*de. The mayoT and Messrs Snowbal^and Donaldson came in, and a pi-opo.iition was made by, witness thought, Mr MTailane. that the carcases should be destroyed ou his premises, and ultimately it was arranged! that if they were destioyedin the . presence of Mi- Donaldson by boiliug with car- | bolic acid, and if Mr MMTarlane would give his j pi.omise that he would not again use or receive on his premiees- any animals which had nofc been j killed a$ the City Abattoirs his proposition would j be acceded- to. Mr Do*ia,ldsGuiwas then instructed j to see. this» carried out. Witness heard that 19 ; mors had been found on the premises about 12 j o ; clock next day. f

This closed the evidence, and his Worship intimated bhat if possible he would give hia decision fche-folloAving day.