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107
For the defence, Professor Klein explained the experiments he had
made, and Mr. L. M. Douglas and others claimed that the trade should
be allowed to add up to 35 grains of boric acid according to the
weather.
Mr. Robert Wallace, K.C., Chairman of the Sessions, in giving
judgment, said:—
"I find in regard to this matter that the sausages were sold to the
prejudice of the purchaser, that they contained something which was
not of the nature, substance, and quality demanded by the purchaser,
and with regard to the proviso in the section as to the addition of matter
necessary for preservation, I also find that it was not matter or
ingredient that was required for that purpose. But I am also of
opinion, and I say it at once, that in the quantity found in these
particular sausages it would not be injurious to health. I think it was
prejudicial to the purchaser, because I think the purchaser—I am
speaking of the ordinary purchaser—would not have purchased if he
knew of the quantity of boric acid which was given in evidence as being
found in this particular pound of sausages, because I think that he
would realise, on the evidence given before me, that it creates a danger,
that it may conceal something lurking which otherwise would be
discovered if present, and that the purchaser would prefer to have the
.opportunity of knowing for himself. Therefore, the sale, in my opinion,
was prejudicial to the purchaser; but I also find as a fact, as I say,that
the quantity in these particular sausages would not be prejudicial to the
health of the purchaser. The result is that the appeal will be dismissed
with costs. If the Appellant desires it, I will state a case for the consideration
of the High Court."
A case was eventually stated, but the six months within which it
should have been entered for hearing by the Divisional Court was
allowed to expire. Application was made on 26th January, 1910, for
leave to enter the case, although it was out of time, but the Court
dismissed the motion, with costs.
Five other cases in which the amounts of boric acid varied from
24J grains to 46 grains have been waiting the result of the final appeal.
Samples were taken during 1909 of sausages, meat pies, &c., with
the following results:—