John Williams, butcher, of Wellingborough and Finedon, a member of the Northamptonshire County Council and of the Wellingborough Urban District Council, was summoned at a Special Petty Sessions at Wellingborough on Monday for having had in his possession or in a certain cart, for the purposes of sale, or prepared for sale, certain meat which was unfit for the food of man, at Rushden on May 14.
John Tyler, butcher’s assistant, was summoned for aiding and abetting.
There were five summonses, each relating to different portions of the carcase of a cow. The magistrates were:- Alderman Owen Parker (chairman), Mr. Allebone, Mr. Brown, Mr. Hawthorne, Mr. R. P. Payne, Dr. Robb, and Mr. Gent.
Mr. Bernard Campion (instructed by Mr. G. S. Mason, clerk to the Rushden Urban Council) prosecuted, and Mr. Barrington Ward (instructed by Messrs. Morgan and George, Wellingborough) defended.
Is A Cart “A Place”?
Mr. Barrington Ward called attention to all the summonses, which stated that the meat was deposited in a cart. His construction of the section of the Public Health Act involved deposit in a place, and a cart he submitted, in law, could not be a place. He mentioned the point in order that he might reserve it.
Mr. Campion submitted that a cart was a place, and called attention to the decision of Irish judges to this effect.
Case For The Prosecution
Mr. Campion said he thought it was admitted that the meat was in possession of Williams. The next question to consider was whether or not, at the time the meat was in Mr. Williams’ possession, it was received for human food, or at all intended for such. Those were two points. On May 14, Mr. F. J. Allen, Sanitary Inspector of Rushden Urban Council, had reason to notice a cart which had proceeded in the direction of a knacker’s yard at Rushden kept by Mr. Chettle. In due course the Inspector saw the cart driving back from Chettle’s yard obviously containing something, with defendant Tyler driving. Having suspicions the cart was going to Wellingborough, Mr. Allen took steps to waylay it, but owing to Tyler making some deviations from the most direct route Mr. Allen had to proceed farther on and catch him up. The reason for the deviation was not, Mr. Campion suggested, apparent. Mr. Allen stopped the cart on Wellingborough-road, and there was no question that the cart contained the carcase of a cow got up as butchers dressed them, and containing not only the carcase, the forequarters, hind-quarters, liver, head, and tail, but the hide wrapped up.
Proceeding, Mr. Campion said that Mr. Allen came to the conclusion that the meat was
Unfit For Human Food.
Mr. Allen asked the driver to take the meat to the Council Buildings, and there it was more closely examined by another inspector, by Police-Inspector Osborne, and Dr. H. S. Baker, Medical Officer, and it was declared unfit for human food. It was condemned by a Justice of the Peace, and duly destroyed on a justices’ order. If their worships came to the conclusion that the meat was in Mr. Williams’s possession and intended for food of man, Tyler was clearly aiding and abetting, in the strongest sense, because when the cart was taken into the Council yard Tyler several times said when it was pointed out to him that the meat was unfit, “It is quite good meat.” It might be explained that the affair was due to some mischance, but if the Bench were satisfied when he had called the evidence that he had proved his case, he asked that they would take a serious view of it, it was no light matter.
The Witnesses
Andrew Barnes, Woodford, said that on the afternoon of Friday, May 14, he left his horse and trap at Williams’s yard in Wellingborough. When he went for it in the evening it was gone, and he used one of Williams’s to drive home. Williams told him that if the cart was not back he was to use one of his (Williams’s). Witness’s cart had no name upon it.
For Pigs?
Leonard Chettle, son of Mr. G. Chettle, horse-slaughterer, whose premises are on the Newton-road, Rushden, stated that on the afternoon of May 14 he went to Doddington and killed a white cow, which was taken to the yard at Rushden. He then telephoned to Mr. Williams, and Tyler came over to skin and dress the carcase. Tyler took with him the instruments necessary for the purpose, and afterwards took away the carcase in a cart.
In cross-examination witness said meat had several times been supplied by witness’s father to Williams solely for the purpose of food for pigs. He had never bought carcases for human food, and the particular carcase mentioned in this case was sold for pigs’ food. The carcases supplied had been taken chiefly to Finedon, where Williams had a number of pigs. When witness telephoned Williams about fetching the carcase his purpose was to sell it as food for pigs.
The Sanitary Inspector
Francis John Allen, Sanitary Inspector to the Rushden Urban Council, bore out the opening statement made by counsel. He said Tyler told him he was taking the meat to Williams’s slaughter-house at Wellingborough. Witness added that the meat was in his opinion unfit for human food. Tyler, however, maintained that it was good meat fit for human consumption. The meat was dressed in the ordinary way as for butchers’ shops. Tyler said nothing about the meat being for pigs’ food.
Dr. Baker, Medical Officer for Rushden, said that having inspected the carcase his opinion was that it was unfit for human consumption.
Cross-examined: It would be rough on pigs to give it to them.
Higham Ferrers Official
Albert E. Lloyd, Sanitary Inspector for Higham Ferrers, said that on May 15 he examined the forequarters of a cow at Rushden. The meat, which was dressed as if intended for sale, was not fit for human food. The carcase had been completely dressed and cleaned.
In cross-examination, he said the meat would not look better on Saturday than on Friday. He had never had a case where the meat had been seized.
Police Officers’ Evidence
Inspector Osborne, Rushden, said that on the Friday, in response to a telephone message from Mr. Allen, he went to the Council Buildings at Rushden. He saw a horse and cart. Tyler gave his address as at Furnace-street, Wellingborough. He stated that he worked for Williams. Witness saw a wrapper with the name of Williams upon it. He ‘phoned to Williams, and on learning that it was not stolen, allowed Tyler to go with the horse and cart. Tyler added, “The meat is good enough. The only thing that looks bad is because it comes from Chettle’s slaughterhouse.”
P.S. Avery, Finedon, said on May 22nd he visited Mr. Williams’s premises at Finedon, which at the time in question was part of an infected area. He found that Williams carried on a substantial business, and might at one time have 100 pigs there.
The Defence
Mr. Barrington Ward, addressing the Court, said that on the Friday in question Williams was busy on his farm in the morning. Later he was at Kettering Market. When he returned home he was unaware that Barnes’s cart was there. This meat was bought for pig food only.
Defendant’s Evidence
The defendant Williams, in evidence, said he was a farmer at Finedon, Grafton Underwood, and elsewhere, farming 800 acres. He kept pigs at Finedon, which varied in number. On May 14th he might have had 30. He had butchers’ shops at Wellingborough, Finedon, and elsewhere. Witness’s business at Wellingborough was under the inspection of Mr. Hall. On May 14 he left home at 8.30, went to Finedon, and Grafton Underwood, and from there to Kettering. He got back to Wellingborough at 5.30. He had made no arrangement with Mr. Chettle, who was a horse and cattle slaughterer. He had done business with him for several years. He had bought bodies of beasts for pigs. He would send a butcher, because hides were very valuable things. He had always bought the carcases for pig food, and swore that none of the meat from Chettle had been used in his shop. On returning from Kettering he went to the slaughterhouse, and then to the shop. Tyler would have no authority to expose anything or deposit anything for sale in his shop or elsewhere. At the shop a message was given to him to ring up the
Rushden Urban Council.
Witness rang the Council up and Mr. Allen answered him. Witness had been actively concerned in a case which the Rushden Urban Council brought against another butcher, and in which the Council lost the case and had to pay the costs. Allen told him that he had a horse and cart of his at Rushden. Witness told him that he had no horse and cart there. Then the conversation was cut off, and when witness went into the yard he saw that all his carts were there. Witness rang up the inspector again, and as he appeared to be rather cross, and inclined to snub witness, he put up the receiver. If the inspector had been courteous to him he might have gone to Rushden. He never saw that meat and knew nothing about it coming.
In cross-examination, Williams said that the fetching of the carcase from Mr. Chettle’s was
Without His Authority.
During the absence no one in particular was left to act for him. In this instance Tyler might have gone entirely on his own account. It was no surprise to witness. There might have been other carts there, but it would depend whether the cart was large enough or not. He had no record of transactions with Chettle, but sent when he wanted. It was not a surprise that the inspector, when he found the carcase dressed, should have investigated. If the meat was to be used as pig food the butcher dressed the meat as he did, that being the easiest way to do it. Witness knew nothing unusual about the proceedings. It was a matter of suspicion if the udders were off, and an inspector would inquire. Witness did not think a man would clean a head if it was to be used for pig food. The
Pig Food Carcases
were left for the men to dress as they like. It was not unusual for a carcase to be dressed.
Defendant, Tyler, in giving evidence, said he had been in Williams’s employ four years. When Chettle telephoned, witness answered, and went over without communicating with Williams. He dressed the carcase the same as he had done others.
In cross-examination, he said he took Barnes’s cart, as that was best suited for the small pony, and not for the purpose of concealment. He avoided the main road at Rushden, because the steam roller was at work at a certain point and the road was “up.”
George Chettle, horse slaughterer, Duck-street, Rushden, said that from time to time he had transactions with Williams, but the carcases were always for pigs’ food. Butchers were able to take the hides off carcases better than knackers’ men.
Thos. Henry Waters, manager for Williams at Finedon, said that the pigs at Finedon were fed with meat and offal sent from time to time.
W. E. Hall, Sanitary Inspector to the Wellingborough Urban Council, said he had inspected Mr. Williams’s premises for 6½ years, and found
Nothing Wrong.
Cross-examined: Williams was a member of the Urban Council, to which witness was the Sanitary Inspector.
The Bench retired for nearly an hour. The Chairman said the Justices had carefully weighed the evidence on both sides. They found that the meat was deposited in a place for the purpose and intended for the food of man, and that the meat was unfit for human food. They would impose a penalty of £10 on each of the five summonses. In regard to Tyler they imposed a nominal fine of £1.
Mr. Campion asked for special costs, seeing that the Rushden Urban Council had been put to considerable expense.
The Bench allowed £10 towards the costs.
Mr. Barrington Ward said that Williams might appeal against the decision of the Bench.
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