THE ANALYST. 89 LAW REPORTS. CONDENSED NILIC PROSECUTION AT BIREEXIIEA.D.-ANALYSTS AT V$nflllifcZ.-At the Birkenhead County Magistrates’ Court, last week, before Messrs. S. Ledward (presiding), T. H. Jackson, T. Russell Lee, and C. J. Bushell, Edward Penson, grocer and provision dealer, New Ferry, appeared on an adjourned summons charging him with having sold a tin of condensed milk which it was alleged was not of thc quality represented, the fat having been abstracted. Mr. T. M. Bleakley appeazed for tho defence. It will be remembered that on the former hearing of the case, about three weeks ago, Chief Superintendent Egerton produced a certificate from Dr. J. Carter Bell, public analyst, to the effect that the milk was not a preserved or (t oondensed milk, but that 90 per cent.of the fat had been abstracted before boiling down with sugar, Mr. Bleakley at the time challenged the analysis of Dr. Bell, and aaked for an adjournment of the case in order that he might obtain further evidence as to the quality of the milk. The Bench, in justice to the defendant, directed that a sample of the milk should be for- warded t o Somerset Houso for analyGs. Thc following certificate was now produced from the.------c___ 90 THE ANALYST. ____ -__- _- _-_- authorities a t Somerset House :-g4 Non-fatty milk, solids, and cane sugar, 69.68 per cent. ; fat, 10.S4 ; water, 19.48 ; total, 100. From a consideration of these results we are of opinion that no portion of of the fat has been abstracted from the milk.” This certificate was signed by Drs.J. Bell, R. Bannister, and B. Lawin.-Superintendent Egerton said that no further evidence had been obtained, but it seemed, according to the certificate from Somerset House, that there was no case against the defendant.-Mr. Kent (the clerk) : It is a case, your worships, of doctors differing.-Nr. Bleakley said that several other eminent London analysts had supplied certificates confirming that from Somerset House, and Mi. Harland, of Messrs. Wiper and Harland, had come down from London specially t o prove that no fat had been abstracted from the milk. The Anglo-Swiss Condensed Milk Company, for which he (Mr. Bleakley) appeared, sold thirty million tins a year of the milk, and had carried on business for sixteen years without a single information being preferred against them. As the expenses of the case would amount to about thirty guineas, all through a gross blunder on the part of Dr.Garter Bell, he hoped the Bench would allow the defendant some portion of the costs.-Superintendent Egerton said that Somerset House only charged 10s. Gd. for each certificnle.-Mr. Ledward said that the police had no doubt done their duty in endeavouring t o protect the interests of the publia by scnding the tin of milk to Dr. Carter Bell for analysis. That gentleman’s analpie, however, had turned out to be very incorrectat least the Somerset House authorities bad pronounced it such. The Benoh had acted according to law in referring the matter to Somerset House, according to thc certificate from which there was clearly no ground for convicting the defendant. As to the question of costs, the Bench only thought it fair and reasonable that a man who was acquitted should have his costs : but costs wonld only be allowed subject to taxation.-The summons was then dismissed, the clerk being directed to tax the costs.AT the South Staffordshire stipendiary Court, held on Monday, a t Sedgley, before Mr. W. P. F. Boughey, Mr. David Beckley, grocer and provision dealer, Acker Hill and Toll End, was summoned by Mr. J. G. Horder, the inspector under the Sale of Food and Drugs Act, for selling adulterated dripping. SamuelToy said on the 22nd ult. he purchased a pound of dripping at the defendant’s shop at Acker Hill for which he paid 5d. Nr. Harder,-Was it labelled in any way ? Witness.-The tin in the shop waB labelled mixed dripping. ” Was your attention called to the label in any way previous to the purchase ? No, sir.Defendant.-Was not the article sold to you as “ mixed dripping ? ” Witness.-I asked for dripping, and I was supplied with dripping and water. Defendant.--Did not the assistant-who was my son-tell you that it was mixed dripping before you said you wanted it for anaiyaing3-No, sir. Mr. Horder put in a Certificate from Mr. Jones, the county analyst, who certified that the dripping con- tained 16 per cent. of water. Defendant.-He purchased it as mixed dripping, and he sold it at a pro- portionake price. The genuine article was Sd. ; that sold to Toy was 5d., and he did not think he was in any way breaking the law. The tin was labelled (( mixed dripping ” in front.Mr. Green (magie- trate’s clerk) .-The question is whether any person would contemplate that dripping and water way mixcd dripping? Mixed dripping, I should think, would mean beef and mutton dripping. The Bcfendant.-In that case it would be dripping. Mr. Green.--.Well, what does “mixed” mean ? The Defendant.-Well, in this case I didn’t know what it was : it appears to be water and dripping. Mr. Green,-And it is only by a mechanical process that they can be mixed. The Stipendiary fined tho defendant bl 1Gs. AT thc Zivei.poo1 City Police Court, on Wednesday, behre 3fr. Raffles, Mr. John Irving, grocer, of 157, Westminster Road, appeared in answer to a summons charging him with selling adulterated rock cocoa. Mr. Marks prosecuted, and Mr. Broadbridge defended.Mr. Marks stated that the defendant was charged with selling cocoa which contained foreign matter. Inspector Baker called at his shop and asked foy a qumter of a pound of rock cocoa, and when he received it, the assistant said, ‘c it is not p t q there is sngar and starch in it.” There was no label put on the paclcet. The cocoa mas afterwards t&en to Dr. Campbell Brown and analysed. ISe said that it contained S+ per cent. of moisture, 18 per c&. of sugar, md 25 per cent. of starch, altogether 45 per cent. of foreign matter. No doubt it would bz stated for the defence that notice had been gken by the assistant that it was a mixture, but they had overlooked the Pact that it should bc a written or printed notice. If the goods were adulterated they could not get rid of faheir liability by giving merely a verbal noticc.Mr. Raffles.-CertainZy not ; that has been illready decided. Mr. Broadbridge contended that this was the only known preparation of rock cocoa ; it was not injurious to health, nor was it sold to the injury of the purchaser. Mr. Raffles,- men you contend that this is rock cocoa ? Mr. Broadbridge.-Yes , this is the article known in corn- mercial chcles as rock cocoa. There ia no other rock cocoa manufactured. Mr. Marks.-Thy might quaQr call it rock starch. Mr. Raffles.-I shall decide according to the analysis that this is not rock cocoa, andimpose 5t finc of 20s. and costs.THE ANALYST. 91 ----- I----.... -c_--- ---- AT Liverpool, on Weiluosby, before Mr. Raffles, Mr. William Sleightholme, 281, Breok-road, was summoned for selling green peas without a proper label describing them, tu required by the Sale of Food Act.The peas had been analysed by Dr. Brown, and it was found that they contained as colour- ing matter $ah of copper oqunl to two and a quarter grains of sulpliate of copper per pound tin. These salts of copper were poimnous in large quantities, but in small doses were, according to the certificltte of analyRi8, ‘‘ astringent and purga$ive.”-Hr. Thomns Taylor, of 213, London-road, was summoned for a similar offenco, and the poisonous matter in this case somewhat exceeded that in the other. Hi8 Worsliip : somebody will be getting poisoned one of these days through eating these peas, find then some of these people who sell them will be brought up on the charge of manslaughter.The defend& strid these peas were tho very best that could be purchased in 1881, and only a few tons remained. In that year, according to the evidence of Dr. Brown, he used them hirnqelf, and he snid they were not injurious unless they were taken in large quantities, and the cmes brought on then were decided in favour of the defendants, S h e then, ke (the defendant) had felt perfectly jtlstlfred in sell- ing these pem under tho protection of the Court. Itforeover, he had never sold a single bn without telling perwons that they were coloured. Indeed, one of his customers, an old lady, told 1:im she pre- ferred them coloured, as otherwiee they would not look nice on the table. His Worship : Is the old lady living yet ? The Defendant: Oh yes : she bought some only on Monday last.They do not use them in large quantities. Mr. Narks, who appeared for the prosecution, stated that the cases referred to by the defendant in 1881 were brought under a different section of the Act from the present informa- tion. The prosecution then was for crdulteration simply, and what Dr. Brown had stated was entirely misunderstood. He did not &ate that he used the peas himself, but he found that his household had becn using them ; but directly he had found it he put a stop to their use in his house. A fine of 10s. and co~ts was infictod in each case for not having the tins properly labelled, and it was pointed out that even if they mero labelled, and were adulterated so as to be injurious to health, this would not protect the seller.-Mi*.Jesse Holt, Low-hill, was fined 10s. and 15s. costs for selling as rock cocoa an article containing about $8 per cent. of impurities.---Mr. Edward Hayward, carrying on business at 12, Eastbourne-street, was fined 20a. and 10s. costs for sellmg as butter an article containing GO per oent. of animal fat. AT the Hammercnnith Police-court on Tuesday, Henry Earl, of Church Road, Acton, appeared to answer an adjourned summons for selling lard adulterated with 19 per cent. of added water. The case was adjourned for the attendance of tho county analyst, the magistrate doubting whether there had been any ddtemtion. Dr. Redwood now said water to that extent was added purposely as an adulterant. Lrtlrl and water were beaten up together. In reply to the magistrate, Dr. Redwood said dipping lard into water would not cause it. The defendant said the lard came from America. Dr. Redwood added that he did not suppose the defendant added the water ; it was a manufacturing operation. Mk. Shes allowed .the ome to be settled on payment of 12s. Gd. costd. ALLEGZD A.Dur,mwnos.-Robert Dennis, of 18, Russell-street, dairyman, who was summoned on tho 31st ult., by Inspeotor Luke, for abstracting cream from milk, 80 as to injure its quality, appeared to-day. The Govehment analysts, to whom it had been referred to arbitrate between the conflicting local analyst, Dr. Gmmshaw, and Mr. Harland, d y s t on behalf of the defendant, have sent in their certificate, which w a ~ as follows :-“NO ohange had taken place in the milk wech would interfere in the aceurate estimato of it. From a consideration of these results we are unable to affi that cream has been abstraoted, the analysis being as follows :-Non-fatty solids, 8.84 per cent. ; fat, 2-82 ; water, 88*34.”-Mr. Mitchell, who appeared for the defendant, now applied that the summons against his client should be disnlimd with costs.-The Bench concmmd, awarding $6 6s.