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The Counsel who had been engaged to conduct the prosecution, in view
of this expression of opinion, and considering that the case was a weak one,
advised that we should agree to settle it out of Court. After considerable
negotiation it was decided, without prejudice, to adjourn the case for a month,
and if defendant paid an amount in settlement of the Council's costs before
the expiration of that time, the prosecution would be withdrawn. As the
defendant had already incurred a considerable expenditure in connection with
his defence, it was thought that the total monetary payment would be sufficient
punishment. This was afterwards confirmed by the Public Health Committee
and on payment of our costs, which amounted to £30 5s. 6d., the prosecution
was withdrawn.
(2) Oysters.—On August 4th, I received information that 15,600 oysters,
which were in the course of transit from Falmouth to Ostend, had been taken
during the closed season from a polluted bed, and were unfit for human
consumption.
While they were in this district I had them seized and applied to the
Magistrate for an order of condemnation. Some of the oysters had been
previously submitted, at the instigation of the Fishmongers Company, to Dr.
Klein, who examined three samples.
10 oysters from each sample were bacteriologically examined, and each one
of these contained abundance of B. Coli Communis. Considering that this
result was obtained by subjecting to analysis about 1/6 to 1/5 c c of the substance
and liquor of each oyster, Dr. Klein considered that the oysters must
have been grossly polluted with sewage or similar filth. The oysters were
condemned at the Thames Police Court. The consignor was communicated
with, but he maintained that the oysters became the property of the consignee
when they were delivered on the train. It seems that the bed from which the
oysters were taken, had been condemned by the Fishmongers' Company, and
the oysters were prohibited from being sold in London. The consignor also
claimed that the oysters were not deposited for sale, but simply passing to the
consignee, who would have placed them in clean water prior to being sold. I
interviewed the consignees in Ostend, who stated that they would not have
bought the oysters, if they had known they came from a polluted source.
No further proceedings were taken against the owner, on account of the
difficulty and expense that would be incurred in bringing witnesses from
Ostend to give evidence in the case. The owner, however, gave an undertaking,
that a statement would in future be delivered with each consignment
informing the consignees, that the oysters must be placed in cleansing beds
for some time prior to being sold for human consumption.