The " Poisoned Beer" Case.

Star (Christchurch), Issue 5078, 12 August 1884, Page 3

The " Poisoned Beer " Case.

» CLAIM FOR DAMAGES.

THIS DAT. Foster v. M'Devitt. In May last, reference was made in these columns to a case of alleged poisoning by oxalic acid, through beer being sold in an unclean bottle to a man at the Caiiton Hotel. This occurrence formed the subject of an action heard before Mr Beetham, Eesident Magistrate, at 2 p.m. to-day, in which H. 0. Foster, a labourer, sued P. M'Devitt, proprietor of the Carlton Hotel, for £53 83 as damages claimed, according to the statement on the plaint, because that on or about May 12 last plaintiff purchased from defendant one pint of beer, and defendant delivered it to him in a bottlj which had previously been used for the purpose of holding poison, and "by reason of the carelessness and negligence of the defendant was at the time when the defendant placed the beer therein, unclean and unfit for the purpose o£ holding beer or other liquor intended for consumption." The plaint went on to say that the beer so purchased became impregnated with poison, and " plaintiff haying partaken of it, suffered great pain in body and mind, and incurred expenses and loss," wherefore he claimed to recover £3 8s for medical expenses, J613 4s loss of time through being unable to work from May 12 to June 15, 33 days at 8s per day ; and £36 16s general damages for injuries sustained. Mr Stringer appeared for plaintiff, and Mr Joynt for defendant. After briefly summarising the facts, Mr Stringer called Henry Osborne Foster, the plaintiff, a labourer, residing on the North town belt, who stated that in May last, on a Tuesday, about 12.30 p.m., he went to the Carlton Hotel and asked defendant to let him have sixpennyworth of beer in a bottle, and he gave it to witness in a square gin bottle. Defendant took the bottle out of a basket, or something behind the counter. When witness got home he filled a six-ounce bottle with the beer, and took it with him to his work. About 4.15 p.m. he drank the contents of this small bottle, and noticed that the beer tasted a little sour. Worked till about 5.15 p.m., and then went home and drank a cupful of the beer. As soon as he had got it down, he felt shivering, and said to his daughter, " This blessed beer is full of alum." He felt bad, turned very sick, and got a aup of tea without milk or sugar, which made him vomit. He took this in order to make him vomit. He continued suffering from griping and vomiting for four days, and, getting no better, called in Dr Townend. The bottle was left in the kitchen, and plaintiff gave it to Dr Townend. Had no poison in the house. A young chemist, staying with Eutland Elliott, gave witness some medicine before Dr Townend came. Had no motion of the bowels for 15 days. Was unable to work for 33 days. The medical expenses were £3 Bs. While witness was ill M'Devitt came to him and asked him to prevent anything appearing in the papers. Witness told M'Devitt he was sorry he could not go down, but authorised M'Devitt to say that he (plaintiff) did not wish to do M'Devitt any harm. Defendant said that it was not his fault, but blamed a former barman. Cross-examined : Had been in the habit of going to the Carlton Hotel for twelve months previously. Did not remember taking beer away before, except bottles of Crowe's beer. Took the beer on this occasion because he had some heavy work, and was not very strong. Was at the Carlton Hotel that evening again about 6 o'clock, and had a little brandy and water. That was after witness ' had taken the second drink of beer. Had no recollection of going back to the hotel about 9 p.m. Saw Mrs M'Devitt at 6 p.m., and told her there was a lot of alum in the bottle, and gave her a little packet of stuff he had got out of the bottle. Very likely witness went to the Carlton two or three days after he drank the beer, and told Mr M'Devitt. Had a few nips at other places. Did not take to bed night and day, after drinking the beer. Told defendant in his bar about three weeks after witness drank the beer that if he would pay the doctor's bill, and allow a little for expenses, he (witness) would do all that he could to exonerate him. Was a labourer, and did all kinds of work. Had been employed by Mr Stringer, solicitor, to cut down trees, but had lost the job. Did not know what to take after drinking the beer ; could get nothing to stay on the stomach. Took whiskey or anything he could get. The whiskey did not stay on his stomach. Saw seme crystals in the bottom of the cup, some a quarter of an inch long, after drinking the beer. It was dark, and witness drank the cup of beer very quickly. Gave these crystals to Mrs M'Devitt. Dr Townend said that on May 13 last he was called to see plaintiff. Found him in great pain, a good deal of tenderness over the region of the stomach and incessant vomiting. Prescribed for him, but on calling the following morning found him considerably worse. Made enquiries of him as to what he had taken, and obtained the bottle produced. Saw crystals in the bottle. From an examination of them concluded they were oxalic acid. Asked a chemist to test the bottle for oxalic acid. The symptoms plaintiff had were those that would be produced by an irritant poison. Oxalic acid was fairly soluble in water, and would dissolve more readily in hot water. If -the bottle were washed with warm water, with shot in it, that should remove the crystals. There were crystals adhering inside the bottle now, sufficient to kill a man. Cross-examined : Inflammation of the mucous lining of the stomach and of the intestines followed the taking of oxalic acid. Could not give an idea of the strength of the solution of oxalic acid contained in the beer, which had been in the bottle for about six hours. The effect of the poison would be worse in the case of a man whose ' stomach was injured by drinking. Mr Joynt continued the crossexamination at length as to the degree of solubility of oxalic acid, &c. John Bell Mandoll, chemist at Dr Townend's, said that by his test he had found oxalic acid in the bottle produced. Oxalic acid was soluble in water to the extent of 1 in 10 on an average. It was used by shoemakers, and for cleaning brasß. Cross-examined: No other acid would give the same result in testing as oxalio acid, William Crowe, a bottler in Christchurch, described the way bottles were generally cleaned in his establishment. Soaked the bottles for some time, and then washed them out with water and shot, which scoured' them thoroughly. Occasionally square bottles like that produced were left in the yards and not closed, They were given to hotel-keepers..

Cross-examined : Never looked for poison in the bottles. Coarse sand would serve a similar purpose to shot in cleaning bottles. Re-examined: Looking at the bottle produced, could see something sticking to the inside of it. William Murray, a lad employed to clean bottles by the Crown Brewery Company, said that bottles were first soaked in cold water in a tank, then removed to a tub of hot water and shotted, and afterwards swilled out. The bottle produced was an easy one to clean, as there were not many deep "creases" in it. This was the case for the plaintiff. Mr Joynt opened for the defence, and called — Philip M'Devitt, licensee of the Carlton Hotel : Knew Mr Foster for two years ; he had been in the habit of coming to the hotel for brandy, whisky, and beer; he drank a considerable amount on the premises. Had known him have as many as three drinks at a time. On the particular day referred to, plaintiff came and said: "I want 6d worth of beer ; will you lend me a bottle ? " Gave him the beer, and he took it away. Next day he came in and asked witness if Mrs M'Devitt had given him the stuff he had found in the bottle. She had not then done so, but witness got it after. Plaintiff said he was ill, but did not seem so ; he had some brandy and drank it. He made no claim for damages. He said that he had been very bad alter drinking the beev, bub his daughter had given him a cup of hot tea, and that made him vomit it all up. Ten or eleven days after, Foster came and said he had been awfully ill, that that stuff in the bottle had nearly cooked him. Offered him a whiskey, which he refused, saying Dr Townend had forbidden him to take it. [Left sitting.]