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49
Charles Davison, provision dealer, 236, Grange Road, Plaistow, E.,
was summoned for selling butter which was not of the nature, substance
and quality demanded. The case had been adjourned for an analysis
of the sample at the Government Laboratory. Mr. MacMorran and
Mr. Davies appeared for the defence (instructed at the instance of the
Anglo-Continental Produce Company, Ltd., the importers of the butter
under review). The sample was bought on July 4. The portion left
with the defendant was analysed by Mr. Otto Hehner. The portion
taken by the prosecutors was analysed by Mr. W. C. Young, whose
certificate set forth that it was "butter adulterated with 11 per cent.
of foreign fat." It contained, acording to Mr. Young, 9.8 of water,
and its Reichert-Wollny figure was 21.8. Mr. Young said that most
analysts were agreed that a standard figure as to the volatile acid fats
should be adopted. He himself agreed with the limit of 24, but no
standard had been fixed. He did not know at the time he analysed the
sample that it was Siberian butter. He had analysed what he knew to
be Siberian butter, and he had certified it as containing foreign fats,
but he had in so doing described it as Siberian butter. In arriving at
his conclusion as to this butter, he had taken 25 as the Reichert-Wollny
number, but he usually drew the line at 24. By Dr. Sanders: It was
by inference that the analysts arrived at their conclusions. The sample
he analysed was deficient in soluble volatile fatty acids, or else it was
adulterated with foreign fats. Mr. MacMorran said the defendant
was summoned for selling butter adulterated with 11 per cent. of
foreign fats, but now the ground was apparently being altered. Dr.
Sanders: There is no word "adulteration" in the summons. The
offence is that the defendant sold an article " not of the nature,
substance, and quality demanded." In reply to Mr. MacMorran, the
witness amplified his statement by saying that there was a deficiency
of soluble volatile fatty acids, which in his opinion was due to the
presence of foreign fat, but it might be a simple case of deficiency of
other fats.
Mr. Charles Simmonds, one of the analysts at the Government
Laboratory, deposed to analysing a sample of butter. His certificate set
forth that the soluble volatile acids were 23.76, and in the remarks
attached it was stated that the analytical data, considered in relation
to one another, did not agree with those of any other genuine butter
produced in the summer months. The numbers agreed substantially
with those that would result from an admixture of an animal fat
adulterant with genuine butter. From a consideration of all the
available data it was concluded that the sample had been adulterated by
admixture with fat other than butter fat of not less than 9 per cent.
By Mr. MacMorran: The origin of butter made a difference. He had
had practical experience with Siberian butter and with that produced
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