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138
One unsuspected tradesman at whose shop genuine official samples
had been bought on an average of about one a year for six years, was
found by informal sampling to be selling margarine for butter. After the
discovery he was convicted four times within two years. Another whose
business methods were not above suspicion, although 15 official samples
had been purchased at his shop in five years, was not brought to book
until after we began to take informal samples.
Defendants are quite justified in making the most of their record;
but when a defendant declares that the offence for which he is summoned
is the result of an accident and refers to the number of genuine samples
(official) which have been taken as a proof of it, in the absence of evidence
to the contrary, the magistrate generally accepts his explanation, even
when there has been a previous conviction. At the same time the prosecution
may know from informal samples having been taken at his shop
that he had been selling margarine for butter for some time before the
official sample, which is the subject of the summons, was taken. There
may be a doubt as to whether or not such information can be given in
evidence, but there can be none about it being helpful to the Magistrate
in determining the true character of the offence. With regard to this
Borough it was a Magistrate who first of all elicited this information, and,
although I have heard such evidence given many times, I have never
heard a Magistrate object.
The purchase of informal samples of milk has not been very encouraging.
It is very difficult to get a householder who is both suitable and
willing to undertake the buying. It has been tried in three or four
instances, but only one conviction followed. There is reason to believe
that in the other cases the fact that the milk was being bought for the
inspector leaked out. It is the only practical way, however, of dealing
with a particular method of selling adulterated milk.
JAS. WEATHERITT,
Food and Drugs Inspector.
Dr. MILLSON,
Medical Officer of Health,
Borough of Southwark.