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pea, whereas in uncoppered peas the albuminoids might escape and
render the liquor turbid.
A county medical officer of health also gave evidence to the effect
that he had examined some of the peas in this consignment and
found them to be sterile and entirely free from fermentation. He
had also eaten some without injury. He stated that the peas were
good. These, of course, were not the peas we seized; and the
experiments which he stated he had made were not of a thorough
character from a bacteriological point of view.
In giving judgment, the learned Magistrate (E. T. d'Eyncourt,
Esq.) said that although he had seen and condemned the seven tins
of peas, he was now, after hearing the evidence brought forward,
placed in a difficulty. The peas had been preserved by a "new"
process, which had the tendency of allowing them to get into such a
condition as to render it very difficult to detect whether they were
sound or not. For himself, he did not like the appearance or smell
of the peas produced in Court, and which were said not to be
unsound. The prosecution had very rightly been taken and had
necessitated this enquiry, which would do good, and therefore,
whilst dismissing the case, as not proved, he would give no costs.
I may add that Chief Inspector Green, Inspector Billing, Mr.
Colwell, the Public Analyst, and myself, all examined some of the
tins of peas which had been produced in Court by Mr. Beck as
sound peas, and we found them not to possess the characteristics
possessed by the seven tins seized. (1) The liquor was not, in fact,
viscous or gelatinous, although the Court was informed that it
probably would be so; (2) it was (even after vigorous shaking) less
turbid ; (3) the peas were not soft and pulpy; and (4) there was not
an offensive sour odour. It should be remembered that our notes
were taken at the time of examination and not, as the defendant's
solicitor suggested, modified in the intervening period between
examination and the trial of the case in Court. The evidence which
I give in Court is invariably from notes I have taken at the time of
examination. I admit, badness or otherwise is a question of degree.
All fermentation and putrefaction must, of necessity, be a matter of
degree. But it may be pointed out that it is now known that the