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104
the premises, and pointing to a small van said the bacon was in
there, and added that he had not seen it but intended to examine it.
Some of the bacon, which consisted of rolls and sides, was taken
out of the van for examination. The rolls especially were in a most
putrid condition and extremely offensive. The sides were also in
bad condition. They smelt very offensively, and in parts were
mouldy. He was of opinion that the whole of the bacon was unfit
for human consumption. When the defendant saw the rolls unfolded
he said to the medical officer " Now, doctor, is it likely that I should
offer such stuff as that for sale ? " but, referring to one particular
piece of bacon, the defendant said, " That's not so bad. That's fit
for sale." The piece referred to smelt offensively to witness. The
bacon (weighing 3f cwt.) was seized, and condemned by the
Magistrate.
Cross-examined by Mr. Robinson, Inspector Long said he could
not say how many pieces of bacon were taken out of the van altogether.
He thought it was more than one side and four rolls.
There was a quantity left on the van which was not examined at all.
Dr. George Millson, Medical Officer of Health for Southwark,
gave it as his opinion that the bacon was unfit for food.
Addressing the Court for the defence, Mr. Robinson reminded
the Magistrate that it was admitted that Mr. Jackson at the time
said he had not seen this bacon. The stuff was in the van, and was
not in a place where it could be sold. Arguing from the decisions in
a number of decided cases, which he quoted, Mr. Robinson contended
that it could not be said that this bacon was deposited for sale, and
that consequently the defendant could not be convicted.
Mr. Jackson, the defendant, giving evidence on his own behalf,
said he dealt largely of the Danish Bacon Company. He did a good
middle class trade, and also a cheap trade. He took over two tons
of the best class bacon from the Company every week, and he was also
in the habit of purchasing " remnants " from them, which were sent
to him on approval. This particular bacon was fetched by the order
of his foreman, and up to the time the inspector and medical officer
called he (defendant) had not seen it. A green side of the bacon and
about four rolls were taken out of the van. The whole of the bacon
was not taken out. The rolls were decidedly bad, but the side was
not so bad. Green bacon always had a peculiar smell. A gammon
he cut off was passable. He had not purchased any of the bacon