From the Bromley and District Times, Friday 19 June 1897.
Adulterated beer. Publican find £10.
At the Bromley Petty sessions on Monday, Mr. Coles Child presiding,
William Stone, publican, of Green Street Green, near Chelsfield, was
summoned by the excise authorities, for having in his possession
certain beer which have been diluted, on the 7th April. He pleaded
not guilty.
Mr. G. Hamson Dennis, barrister, instructed by Mr. Livock,
Supervisor for the district, prosecuted, and Mr. L. W. Gregory,
solicitor to the Licensed Victuallers' Protection Society, defended.
Mr. Dennis explains that the proceedings were taken under act 48 and
49, Victoria, chapter 51, subsection 2. On the day in question an
officer went to the defendants house to take samples of beer from
Messrs. Nalder and Collyer's Brewery. Two of the casks were like,
one being on draught and "fined," and the other being as received
from the brewer. A publican was permitted to add finings for
clarification, but nothing else. The marks on the casks were X433,
and by these the brewer was enabled to know what beer was in these
casks. From that he could say what was the original gravity of the
beer. Samples and both barrels had been submitted to the analysis,
and while that from the unopened casks corresponded pretty nearly
with the brewers "gravity," the second showed adulteration to the
extent of 2-3.10 gallons of water in 36 gallons.
James Lockyer proved taking the samples and submitted them for
analysis. Witness asked him if the one on draught had been "fined,"
and he said it had been with about half a gallon, which was the
usual quantity.
William Alabaster, brewer to Messrs. Nalder and Collyer, said the
gravity of the beer was 47 1/2 degrees that is 1047 1/2 degrees.
Cross examined:- That was the gravity at which it was sent out from
the brewery. He superintendended the whole process, although he was
not always there.
Charles Henry Burge, an analyst at Somerset House, said he received
the samples securely sealed on the 10th April. he explained them. As
to the samples marked "unfined" he found the strength to be 1048.05
degrees, which was in practical agreement with the brewers gravity.
The sample marks "finded" had a strength of 1044.30. In other words
the "finded" sample had been diluted to a degree equivalent to 2-
3.10 gallons of water to the 36 gallons.
That was a case.
For the defence, Mr. Gregory first submitted on the law of the case,
that there was nothing for him to answer. He insisted that the beer
should have been traced most thoroughly into his clients possession.
Mr. Dennis said that in the Metropolitan courts such evidence was
not generally insisted upon. However, as this was the first case
brought in the Bromley Court, and as he did not know what view the
bench might take, he had come prepared with such evidence, although
he did not think it was necessary. It was not material even whether
the defendant adulterated the beer. It was sufficient to prove that
adulterated beer was found in his possession. However, the Excise
Authorities took a reasonable view of the matter, and where it was
proved that a publican had not adulterated, then they did not press
for penalties. But the onus of such proof was with the publican.
The Bench consulted in private and overruled the objection.
Mr. Gregory then urged that while he did not dispute the analysts
result, yet the defendant himself strongly denies having adulterated
the beer, or having any knowledge that have been adulterated.
Possibly, after he had "fined" it, someone else repeated the
process, unaware that it has already been done. The defendant the
kept the house for a long number of years, and was a man of the
highest respectability. Mr. Gregory humorously added that by
adulterating the beer the public had certainly not been harmed. He
pleaded for a nominal fine, pointing out that this was the first
prosecution of the kind in his district, and it would act as a
warning to others, and thus achieve what was, doubtless, the object
of the Excise authorities.
The Bench find the defendant £10 and costs 13s. 60. |