Prosecutions as to unsound food

Prosecutions as to unsound food

PROSECUTIONS AS sacrifice of property, and of very valuable property too, is of course evident ; but land in the heart Of Manchester and Liverpool i...

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PROSECUTIONS

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sacrifice of property, and of very valuable property too, is of course evident ; but land in the heart Of Manchester and Liverpool is probably as valuable as land in the congested districts of London, and if the sacrifice is called for in those cities it is surely equally called for in London. Moreover the principle of calling upon owners of house property in certain circumstances to make sacrifices for the general welfare of the community is admitted, e.g'., the compulsory setting back on taking down and rebuilding to the general line of buildings when such has once been fixed, which setting back has to be done without compensation. That cases of exceptional hardship would inevitably arise if the Liverpool rules were applied to London goes without saying ; for example, where a house is pulled down a n d the building site is of insufficient extent to allow of any re-building in face of the new regulation ; but that is not sufficient excuse for longer .delaying the only possible remedy against the evils, which, bad as they are now, may become far worse as the sanitary authorities and the Council enforce the Housing and Public Health Acts by insisting o n the closing and demolition of insanitary houses. And even if compensation in individual cases should be unavoidable, this would be a cheaper arrangement for the ratepayers than the extravagant clearance schemes which must otherwise be continuously undertaken if London is to be a healthy city. Assuming the principles involved in the model bye-laws to be applicable to London, it would doubtless be desirable in calculating the open space in front of new houses that the measure should be taken from the centre of the street, and that the provision so far should apply to all classes of buildings, and not be confined to domestic ones ; but what the distance across should be, and whether the provision as to space in the rear is sufficient to put a reasonable limlt on the actual height of the house itself, are matters which require to be considered by experts. Meanwhile, the most reasonable suggestion which could be put forward at the present juncture would probably be the introduction of a clause in the proposed amendment bill giving similar power to the Council to make byelaws dealing with the matter, subject to confirmation by the Local Government Board, to that possessed by urban authorities outside London. R. ~{ELVILL BEACHCROFT.

April 3oth, i89z. THE REPORT OF THE TUBERCULOSIS COMMIS-

SlON.--Mr. Ritchie, in answer to a question in the House of Commons, on May i3th , stated that it was hoped that all the experiments of this Commission would be completed by the autumn, but that then some time must elapse before the whole of the information obtained by the Commission could be fully examined and reported on.

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P R O S E C U T I O N S AS T O U N S O U N D FOOD. UNSOUND MEAT AT GRI~SI~Y. - - At Grimsby Police Court, John Lancaster, butcher, of Louth, was summoned by Sanitary-Inspector W. Moody for exposing for sale in the Central Market a quantity of meat unfit for human food. Mr. Mountain stated that the defendant had for some years been in the habit of having a meat stall in the Central Market on Saturday night. Or'_ April 3oth the inspector saw a quantity of meat brought to the market by the defendant's wife, and placed upon a stall there. He seized 3 8 lbs. of mutton and 125 lbs. of beef, which were totally unfit for human food, and were destroyed. After describing the evidence he should call, Mr. Mountain said he was instructed by the Urban Sanitary Authority to say that fines seemed to have no effect in these cases, and they thought other punishment would have a more deterrent effect. Inspector W. Moody deposed that he saw the defendant's cart driven into the market by his man, and within it saw some mutton that was green and stank very badly; it would not have been so discernible by gaslight. H e examined the meat, and took possession of all that he thought was not fit for human food. H e described the condition of the meat as wet, clammy, and stinking. The mutton had evidently been taken from an animal that had died a natural death. The beef was in the same state, and he should think the ox it was taken from had also died, and its entrails had remained for some time. This meat he found on the stall, and a quantity of bad meat he also found in a basket. The inferior meat was at the back of the stall, and partly covered with a cloth. Mr. Lancaster told him that the beast had been choked by a turnip, and a veterinary was called in, who ordered the animal to be killed. Mr. J. H. Loft, Fellow of the College of Veterinary Surgeons, said the whole of the meat was wet and clammy, and unfit for human food. I f anyone had eaten the meat it would have produced blood poisoning and diarrhoea, Dr. Newby (Medical Officer of Health) said the meat was unwholesome, wet, and flabby, and stank most offensively. It was most dangerous for human food. I f eaten it would have produced sickness and diarrhoea. For the defenee, Mr. Barker said that on the Saturday named it was Louth Fair, and defendant did not see the meat on that day, but left it to be attended to by his man, who packed and brought the meat to Grimsby. Lancaster was not aware that the meat was in this condition. The beef was all off one cow. A turnip had stuck in her throat, and the man, in trying to get the turnip out, had put a rope in its mouth. The cow turned its head and fractured its windpipe. A veterinary surgeon was called in, and he killed the beast. With regard to the mutton, the sheep broke its neck, and was then

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The fiscal asked a conviction and penalty with regard to the ninth piece of meat, and an order for its destruction. In consequence of the evidence, however, he simply asked for an order Ior destruc. tion of the eight pieces and no penalty. DISEASED MEAT IN GLASGOW.~The following On behalf of the accused, Mr. Colquhoun argued case, as reported in the Glasgow Evening that the case disclosed a state of matters which ,News, May 3ist, appears to show that the ought not to be allowed to continue in connection police and the sanitary authorities in that city with the Corporation, as it was harassing to a large are not working together harmoniously. The and respectable trade--he referred to the rivalry police are, from education, as a body, quite unfit between the police and the sanitary department in to have anything to do with the inspection of meat the inspection of dead meat. While Inspectors. - - i t should be left entirely to the sanitary officials. M'Math, Young, and Warnock, and Dr. Chalmers, At the Southern Police Court--Bailie Guthrie of the sanitary department, had experience in the= on the bench--John M'Whinnie, butcher, Rutherinspection of dead meat only of recent date, Inglen Road, was charged with having on May I7th , spectors M'Lellan and Beresford and Constable exposed for dale nine pieces of beef which were Mackay had b~.en for years passing thousands of unsound and unfit for human food. The complaint carcases through their hands every month, andhe craved for an order for the destruction of the meat, thought their testimony was much more reliable and a penalty not exceeding ~CI8o. than that of the inspectors of the sanitary depart, Mr. Neilson, Procurator-Fiscal, conducted the ment. The butchers of Glasgow were not entitled prosecution, and Mr. D. T. Cotquhoun appeared to be subjected to the consequences of this rivalry for the accused. by being dragged before a Court such as that. He Inspectors M'Math and Young deponed that considered that after meat had once passed the on the day libelled they entered the premises of inspectors of one department of the Corporation M'Whinnie, and saw exposed in the ordinary way the possessor of that meat ought not to be subthe nine pieces referred to. The eight pieces they jected within a day or two afterwards to a proexamined were found to be diseased from tubersecution simply because an inspector with less culosis. On one or two of the pieces they saw experience connected with the sanitary department tubercles. The eight pieces formed part of the considered it unsound. Mr. Colquhoun also comone side of a carcase. The ninth piece, which had plained that it was unfair that the trade in connecno connection with the carcase, was putrid. tion with a perishable article, such as butcher meat~ that after a seizure meat should be retained by the Inspector Warnock and Dr. Chalmers inspected sanitary department in the sunk flat of their office the meat after it was brought to the sanitary office, in Ingram Street ten days, and that a prosecution. and they considered the eight pieces diseased and should thereafter be served without the butcher unfit for human food. The ninth piece they also getting a sufficient opportunity of preparing his. considered putrid. defence, and that this was seen from the witnesses. For the defence, Inspector Beresford, of Moore in this case, some of them having been unable to Street Slaughter House, stated that on May i2th identify the pieces in consequence of the conditioi~ he had inspected the carcase of an animal belongin which they found them on the tenth day. ing to Alexander Ferguson, dealer, i8, Comeley Bailie Guthrie sympathised very much with the Park StreeL and found it suffering from a slight remarks of Mr. Colquhoun regarding the delay in~ attack of pleurisy. In consequence of this he the prosecution. On the merits of the case, and instructed the carcase to be hung back until seen with Colquhoun's consent, he granted an order to, by Inspector M'Lellan. On the following morning destroy the whole of the meat, but with reference he and Inspector M'LeUan made an examination to the eight pieces he found the charge not proven. of the carcase, and the result was that Mr. Regarding the ninth piece, he found the meat M'Leltan instructed the lining of the ribs to be taken putrid, and fined the accused in .~5, with the off. Witness waited until this was done, and with usual alternative. The fine was paid. the authority of inspector passed the meat as perfectly sound, and fit for human food, and free of SALE OF DISEASED MEAT AT MIDDLESBOROUGI~. all traces of tuberculosis. It was then removed - - A t the Middlesborough County Police Court~ to the Corporation Dead-Meat Market to Mr. June 2nd, Charles Hall, butcher, of Eston, was M'Laughlan's stance. charged with having dressed the carcass of a beast Inspector M'Lellan and Constable Mackay in his slaughter-house which was unfit for humatx corroborated. food ; and Ann Yates, cowkeeper, was charged Other evidence was given connecting the meat with being the owner of the same. T. W. Starepassed in the slaughter-house with the meat seized thorpe, sanitary inspector to the Eston Locat by the sanitary inspectors. No evidence was Board, stated that on May i6th last, oh entering adduced for the defence regarding the ninth piece defendant's slaughter-house he saw the carcass of a of meat said to be putrid. beast evidently dressed for sale. The neck portion killed. The defendant was fined .~2o, and ,~4 4s. costs, and in default of recovery two months' imprisonment. Any similar case would no doubt be dealt with by imprisonment.

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.was quite putrid, as was also the head. The stench was abominable. T h e carcass was dressed in the ordinary way when prepared for cutting up. H e missed the lungs, and on inquiring for them Hall said he had thrown it on to the dunghill. H a l l said he brought the cow from the cow-house alive at one o'clock in the morning, but he had to "stick i t " on the way and carry the carcass on a cart to the slaughter-house. Dr. James Glen saw the carcass, and signed an order for its destruction. Dr. Malcalmson spoke to seeing the carcass in question. The forequarters and neck were putrid, as was also the head. T h e beast was totally unfit for human food. Mr. Hoadley said he saw the ,cow on the Sunday, and told Mrs. Yates that he could do no good for the cow, as there were symptoms of a foreign substance near the heart. Mrs. Yates asked him what she should do with it, and he said if it was his he would slaughter it. By saying that he would slaughter it, he did not intend that it should be slaughtered and dressed for human consumption. Mr. Barnley, in defenee, submitted that the carcass was not dressed for sale, but simply in readiness for an inspection by Mr. Hoadtey. John Johnson, farmer, spoke to seeing t h e cow a few days before it was slaughtered, and ~t then appeared to be a healthy animal. Witness told Hall when he asked him to slaughter it he would make arrangements for Mr. H o a d l e y to see it. The male defendant, called, said he saw a quantity of nails taken from the stomach. Part of one of the lungs appeared to be bad, and he put it outside the slaughter-house. T h e magistrates •said they considered the charges proven, and, as the case was a most serious one, they would fine

,defendants .£2o and .£4 12s. costs each. T H E SALE OF PRESERVED PEAS#.- Joseph Tranton, carrying on business at 359, Scotland Road, Liverpool, was summoned before Mr.

W. J. Stewart, for selling a tin ot preserved peas which contained 1¼ grains of sulphate of copper to the ~ lb. tin. Dr. Hope, who w a s called for the prosecution, said that the sulphate of copper gave a colouring to the peas, which had a decayed look. Inspector Baker proved purchasing the tin. T h e defendant asked Inspector Baker what label was on the tin. Inspector Baker : " Crosse and Blackwell." Defendant asked Dr. H o p e if the small percentage of ~:olouring matter contained in the tin was injurious eo health. Dr. H o p e : I f a person ate the whole ~ n it would be. In answer to Mr. Stewart, Dr. H o p e said that if a person ate the whole of the tin it would probably cause him indigestion of a more or less serious nature as a result of the copper. Defendant said he sold the tin as he bought it. Mr. Stewart said he would fine the defendant 2os., and costs, on the ground that Dr. H o p e had stated that the peas were injurious to health. * See also a case published in our Law Reports, page 308.

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HEYWOOD.--On

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at the Heywood Petty Sessions, before Mr. W. Lees (chairman), Mr. Todd, and Mr. T. Popple, Alfred Bannister, Turf Lane, Royton, was summoned for having in his possession the carcase of a cow, prepared for the purpose of sale, and intended for the food of man, the same being diseased and unfit for food, on March 16th. James Bairstowe, farmer, Summit, Heywood, was charged that he did aid, abet, counsel, and procure Alfred Bannister to commit the said offence. T h e case against Bannister was first taken. Mr. A. Molesworth, Rochdale, appeared for the prosecution, on behalf of the Heywood Corporation, and Mr. R. Cobbett, Manchester, appeared for the defence. Mr. Molesworth, in opening his case, said the proceedings were taken under sections i i 6 and I I 7 of the Public Health Act, 1 8 7 5 , and the charge against Bannister was that he unlawfully had in his possession the carcase of a cow, prepared and deposited in a cart, for the purposes of sale, intended for the food of man, the same being diseased and unfit for human food. From information received by the nuisance inspector a police officer was placed to watch the premises at Summit occupied by a farmer named Bairstowe. Behind the house there is a shed or old mill, and shortly after the officer had taken up his position there he saw Bannister drive up with a horse and cart. A carcase of a cow, cut up, was taken from the shed and placed in the cart, and Bannister was driving away. T h e officer gave intimation to the nuisance inspector (Mr. Buckley) and the inspector of police (Inspector Cotterill), and stopped the cart from going further until they came up. They found in the cart the carcase, cut up apparently for sale for food. Mr. Buckley insisted upon the man going back to Bairstowe's place, and went into the shed, where they saw offal and other traces of a cow having been dressed. Bannister was asked what he had in his cart, and he said a cow, and he stated where he got it from, and the price he paid for it. H e said the meat was all right, and Bairstowe also said it had been killed, and he ate a piece. It was not at first contended that the meat was not intended for food. T h e officers then had the meat taken to the mortuary in the town's 3ard, where Dr. Wisken, medical officer of health for the borough, and Mr. Bunnell, veterinary surgeon, examined it, and condemned it as unfit for food, and subsequently a magistrate ordered it to be destroyed. H e should be able to call evidence to show that the beast had not been stuck (as Bairstowe had said it was); that it had not been killed, but that it had died from disease. This was not like a case in which meat was exposed for sale in a shop, but the Bench must look at all the surrounding circumstances, and say whether

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they believed the meat was intended for human food, and if they were so satisfied, he asked the Bench to inflict such a penalty as would act as a deterrent in preventing others doing like things. I t was not his duty to prove that the meat was intended for food ; if he proved that there was a reasonable probability, that was sufficient. I t was for his friend to prove that the meat was not intended for food. H e then called evidence. Mr. B. Buckley : I am sanitary inspector for the borough of Heywood. In consequence of the ~nformation received I went to Summit with Inspector CotterilL Mr. Cotterill pointed to the conveyance, and I examined the carcase in the cart. I found by feeI that the carcase was very wet indeed. Bannister said, " W e l l , it is raining." T h e carcase wa~ covered with a sheet, and I said the rain would not account for the wet. It was in a very flabby state. H e said his name was Bannister, and came from Royton. I asked him where he got it from, and he said from a person behind, about half a mile off, and eventually he said it was just behind. W e got a light and entered the shed. I n a corner we found some offal, and under ordinary circumstances it would have been fat, but it was merely skin. Bairstowe then took up a piece of the meat and said it was all right ; he ate a piece, and said he had bought it for ISs. of a man named Anderton. H e said it had been stuck, and Mr. Noar, veterinary surgeon, Bury, had examined it. H e produced a piece of wire, and said that was found in the cow's heart, and that was the only reason why it had been killed. I had the meat taken to the town yard, and there examined it. I called in the medical officer of health and Mr. Bunnell, veterinary surgeon. T h e meat was dressed as for a butcher, for h u m a n food. Inspector Cotterill deposed : I was with Mr. Buckley on the evening in question. I asked defendant what he had in the cart. H e said, " A cow ~ it is all right. I ' m not frightened" of your looking. ,, at it. If it was not all right I would not have bought it. He told me he had bought it of a man about half a mile up the lane. I could see he was telling me lies, and told him it was no use doing sot as I knew all about it. I took him back with me to the shed/ and got Bairstowe to open it. Bairstowe said, " I have bought it of a m a n at Ramsbottom ; it is all right." H e produced a wire which he said the cow had eaten with its food, and that was the reason why it had been killed. He ate a piece of the meat, but I said, " Because you eat it, that is no reason that other people should. ,P I had the meat taken to the town's yard, and had Mr. Bunnell and the medical officer sent for. Defendant said he would have it examined by two other veterinary surgeons. He then said he had bought it for the dogs and not for food. T h e doctor said what was the use of sending for two veterinaries if it was for the dogs. Mr. J. Bunnell, M . R . C . V . S . , L., deposed : On March I6th I was called to the town's yard, where I saw the defendant Bannister. I found four.'quarters of a cow. to~ether with all the remains of a carcase except the heart. The'meat was in a very bad state from dropsy. W e cut sections of the meat, and the meat ran away almost by the exuding of the water. The carcase was dressed as they usually are for food. I don't think I ever came across a case so dressed for the knackers. Mr. H. Wisken, M . O . H . , said the meat was quite unfit for food, and was quartered in the way usual when the meat was intended for h u m a n food. H e had no doubt it was intended for sale as human food. Mr. Cobbett, in opening the case for the defence, said it would be ridiculous to suppose that a cow which was admittedly bought for only i5s. was intended for h u m a n food. Yet the prosecution suggested that Balrstowe had acknowledged that the carcase was intended for sale for the food of man. A great de~l had been made of the fact that the carcase had been dressed as though intended for sale by

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a butcher, bu ~. the evidence for the defence would show tha~ it was quite a common thing for knackers to have the careases of beasts dressed in exactly that way. The defendantwas a dealer in the worn-out or dead beasts commonly known as '~ knackers." H e was in the habit of baying beasts. of that description and selling them to knackers, and his explanation of the present case was simply that he had bought the beast as a knacke G and was taking it to George Eaton, another knacker, when he was stopped and asked, where he was going with it. He answered, ~'TO George l%ton," and he now suggested that the witnesses for t h e prosecution had not caught the answer clearly, but had misunderstood it as being '~ T o Newton Heath.'* George Eaton, horse slaughterer, of tIowarth Cross Mill, SmaUbridge, Rochdale, said he had acted as a knacker's. agent for about zo years, and had himself been in business as a knacker for the past six months. H e had known defen. dant as a knacker's agent for about two years, and had bought beasts, dead and alive, dressed and undressed, from h i m . Mr. Cobbett : W h e n you have bought them dressed h a v e they been dressed in identically the same way as they would be dressed for butchers ? Witnnss: I've never dressed them for butchers ; I dress them for the knackers. (Laughter.) On the question being repeated, witnes~ said that w h e n '~ knackers '" were dressed the dressing was in all respects llke that of good meat intended for h u m a n food. The price iven for " k n a c k e r s " varied considerably. For a good eshy cow ~ I would be paid. Harry Thompson, foreman to ]'ames Wood, h o r s e slaughterer, Miles Platting, gave similar evidence. In cross-examlnation witness admitted that defendant had a slaughter-house on or near his premises, but added that it was usual for a knacker to have a slaughter-house. He had a slaughter-house himself--a big one. (Laughter.) T h e Chairman : W h a t is the highest price given for a dead: cow by aknacker ?--Witness : Ourhighest price is Izs., but that will be different to Mr. Eaton's. W e are a company~ and he is only one by himself. That being so we have a bk of a monopoly, and consequently get things cheaper than h e can. T h e highest price tot a dea~l horse is ~'x. W e bu)v any part of a horse. Thomas Booth, cattle dealer, of Turf Lanet gave corroborative evidence as to the practices of knackers. I n giving evidence as to dealings among knackers witness said: W e neither kill the beasts nor cut them up always. W e buy them killed and dressed ready. W e don't reckon to take them to the butchers. William Anderton, farmer, of Walmsley, deposed to sell. lug the dead cow in question to ]'ames Bairstowe. Witness had found the cow dead in the cowshed. H e had not employed anybody to kill it. H e sold it for " k u a c k i n g purposes, and Bairstowe gave him ISS. for it. He asked defendant to open the animal or see it opened, and let h i m know thecause of its death. Bairstowe afterwards said the cause of the death was a piece of wire which had got inside the cow.

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The Chairman stated that the magistrates h a d decided to inflict a fine on each of the defendants of ~ i o , with costs. I n future cases full penaltie~ would be inflicted. RE-APPOINTMENT OF DR. COONEY. - - The Fulham Vestry has re-appointed Dr. J. E. Cooney, medical officer of health, at part time, at a salary of . ~ 4 o o per annum, but a communication hs~ been received from the Local Government Board to the effect that in view of the increasing population and extent of the parish the medical officer should devote his whole time to the duties. Notwithstanding this letter the Vestry has re.affirmed its decision.