POLICE COURT.

Taranaki Daily News, Volume XXXXIII, Issue 47, 9 March 1901, Page 2

POLICE COURT.

Fbiday, March B,—Before Mr E. L. Stafford, S.M. ALLEGE') BREACH OF DAIRY INDUSTRIES ACT. This case, which wa= on* of considerable inter s"* t.o a'l im crated in cheese factories, attracted considerable attention and ksted till a lafci hour in the afternoon. The Koupokonui Dairy Company were charged oa two informations laid by the Government grader, Mr. J. Johnson, (1) fur parmiUing a! pass of cheese to leave the factory without haritig the true mats weight marked tb«rsor, und (2) for nttawp'ing to export the same under similar «ircumeiauceg. Mr Kerr conducted the prosecutisn on behalf of the Crowr, and Mr, T. Shailer Weston aipeaied for the iiafeccu. Mr. Kerr outlined the case and called, J. Johnson, Chief Government produce grader and Tnspec'or for the port, who said he was the informant, and thai; on February 11th he received 40 packages from the company consigned to the Moturo.i Freezing Works for export. The package in the information was marked 1511 bf, but only weighed 149|!bs. AU the packages varied in weight and showed shot'fcag?. Witness was cross-examined and re-examined.

Haary Grar, »gent fur P»!»rs')n and Ruttor, said he had a contract with the compmy for the season'it pro'luce. He was prssent when tho package in question was weighed at the facSory. Tho weight was 150 near. The question of the shortage in this package wan commented on, but he could not siy what Falkmtr (the manager) said isi explanation. Expert evidence was called aa to shrinkaga in weight. For the defence Mr. Weston contended thut the cheeses were correctly weighed and snarktd at the factory. He called

Constable Simpson, Inspeetor of Weights, who proved th<t tho 0- mpany's w-ighiog machine was correct. In reply to Mr. Kerr witn : s< explained how the seals was tested with the Government weights which wer-s kept, at Ilawera. E, H. Smith, manager of the Oompany, said he weighed the cheesa in ques'ion ami marked it at 151 lbs. Subsequently the sitne cheese was weigljvd when Mr. Gray was present. Could not siy bow long previously tho ehoesa had been weighed. The diflVrenre in weigh* might have Vie-n causod by shrinkage. His instructions were '0 weigh accurst,f ly so as not to cheat either the proo'u.'er or the Company. Buyers wete given the advantage of fractions of the lb. To Mr. Kerr: F«lkner did not coinplan 1o bim about the weighing <f this particular cheese, nor did any of the directors. Had never sown au avei age struck ia weighing two cheeses.

P F. Rulfe said when choose was 3 weeks old i l .: was marked, weighed, packed, and stored. Shrinkage was always going on ; the amount depended on t.hf) make, the stite of tho weathe", and of the eiso. To Mr. K«rr: T.ie cheeses won to the Fieezing Works •shortly be f »ro the date of shipping. The tables of shrinkage produced were cotisidf rably under the noriral, tho cheese being wsil made. Ernest C. Barley mai> sscratary of the coropmy, said he was present at tho weighing, The weights wtra correct. Tho clieeso buyers at present wer j not happy over contracts' rnadi, as prices were now against them. T. Marshal', »f Kltha'rn, gave evident as tn th-> cns f om of allowing tare on "eights,and as to i-hrinhago. Michael Bo'riger said hen tho chooses in qnosti -n weighc-d Mr. i Gny was about 12 fo-t. away, a-d I c.mid no 1 , see the ? es'l1 1 ' of tho weigh- ] ing without ioauir* oyer the wagon.

Mr. Kerr asked that ih'> two ii.for-m-it ions shutill I e d ivded oil sepu-at ly His Worship said that ho must k-ip tho t«ro informations together. Th>point was: Did iho factory mark on ibe case a night other than the tm« not -weight ? Did they reilly mark a ti uo net weight. ? That raided tho question of marking. It would bo interpreting the Act in a vary harsh! way by determining when thf> eheofe should be marked. He did not think there was anything in the Act that laid down a stricter rule than tha' cisrese should be marked by the owners before leaving the f ctory. The timo of such mark inmight be stre'rehnd considerably. Tha evidence was ov> 1whelming as to shrinkage. Tho question wes: Had the chee-e in this ca?e undergone more shrinkage than was natural ? The evidence on this point conclusively proved that it had not. Mr. Ralfo's evidonce that the better quality chesses often showed mo e I shiinkngn thnn others coincided with j his (the Magistrate's) experience. Til' , ditFerenco io tho weights in this crso Kvaa such as could be cuised by shrinkage. By 1 tying thesa informations against tisa (Joiops'iy. some imputation whs cast np9n it# only just to say that tho evidence

entirely absolved the Company from 1 any blame whatever, and showed that they conducted their factory with due business-like care and caution in all respecs. The informations wotild be dipinitscd, Mr. Weston applied for costs, but waived witnesses expanses. His Worship allowed <£2 2s for i counsel's fee.