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53
cow gave a low volatile fatty acid. He did not think the volatile
acids affected the dietetic value. If one of the local authorities employing
him had sent him this butter he would not have returned it
as adulterated, nor would he have returned it as genuine without
qualification. He would have reported: "This sample is exceptionally
low in volatile acid, but not so low but that it might be a perfectly
genuine butter." Mr. MacMorran said he thought it would be only
fair to the witness to mention that at the end of his analysis was this
statement: "While the Reichert-Wollny number is lower than the
average, it is not smaller than is frequently found from Siberian butter,
and the results altogether-namely, the low proportion of water, the
absence of boric preservative, and the lowness of the ReichertWollny
number—are fully in accordance with what I am accustomcd
to meet in unadulterated Siberian butter. If this sample were an
Australian or Argentine butter the Reichert-Wollny number would be
incompatible with genuineness. If it can be established beyond any
doubt that the place of origin of the sample is Siberia the results of
the analyses are normal. I would suggest that objection be raised
against the smallness of the sample, which virtually acts against the
vendor."
Mr. MacMorran, in reply to a question, said he had other expert
witnesses to call, but Mr. Ratcliffe Cousins said he need not call them.
Giving his decision, the Deputy-Stipendiary drew attention to the
figures of the analysts as to the Reichert-Wollny number, which he
said was admittedly of importance in the case. The standard was
stated to be 24, and the prosecution relied on a difference of one
point, which was an exceedingly small amount. If he fined the defendant
he would be deciding in favour of a test which, after all, only
raised a presumption, a suspicion. He could not possibly find that
there was an appreciable amount of foreign fat in this butter. He
admitted the difficulties of the medical officer. Such an analysis put
forward against English butter would demand inquiry, but here it was
admitted that what was sold was Siberian butter. He would find
as a fact that it was genuine butter, free from an admixture of
foreign fat, and dismiss the summons. Mr. MacMorran, asking for
costs, said the prosecution were informed on August 4th that what
was sold was Siberian butter. Dr Sanders said that he was merely
doing his duty in the matter as a public officer, and he added that he
was afraid the decision given would be a very serious one for the
general public. He would have to go on with it till butter from
Siberia was altered. Mr. Ratcliffe Cousins: I cannot help that. As
long as we are a Free-Trade country it matters not a bit where it
comes from, but where the analysis is so near as it is here I think