1928-08-21 — Page 2

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CALDBECK, MACGREGOR & Co,

THE HONGKONG TELEGRAPH,

CHINESE DAIRY PROSECUTED.

USE OF DAIRY FARM BOTTLES ALLEGED.

At the

Central

Magistracy yesterday the Shun Hung Lee Dairy, of No. 41 Hollywood Road, appeared as defendants in two summonses brought against them consequent upon their selling half a. pint of milk on August 8 in a bottle bearing the registered trade mark of the Dairy Farm Ice and Cold Storage Company, Limited,

The two charges were that. defendants did have in their pos- session for sale or for the purpose of trade certain milk on which a falso trade mark was used, and that they did use on that milk a false trade description.

TUESDAY, AUGUST 21, 1928.

ed a conversation with the wit- Is it your point that this Com. ness and the police, but witness pany is trying to palm off milk said that they did not converse, to the public as milk of your com- with the Manager, who was trying pany 7--No. We do not mean to to say that he bought the milk say that they are tolling their from a place trading under the customers that they are selling name of A. Shoung.

our milk.

"Sumclent Proof,

Do you consider that

the

The Manager had said that he bought fifty bottles on August, 2 from A. Sheung, and that he had dot yet returned the bottles. The Company had really been trying Manager had also explained that to pass off your milk the bost because of the excessive heat he thing to do would be to catch them was not able to meet the demand delivering milk to customers In with their own milk. Witness your battles We sent to the added that the Manager of the de- shop for a bottle of milk and we fendant Dalry aleo produced a consider that quite a sumelent receipt from A, Sheung, who bought quite a lot of milk from

proof. the Dairy Farm but was not an agent,

Witness then produced the cer tificate of registration of the Dairy Farm battles.

Very well that is your men- tality, all right.

Mr. Lo then handed witness à receipt from Messrs. A. Sheung and asked witness whether that was the document which the The Most Striking Part. Manager of the defendant dairy Cross-examined by Mr. Lo wit-produced when the shop was Mr. R. E. Wadeson, of Messrs. Deacons, appeared for the Dairy ness agreed that the top of the Farm Company, whilst Mr. M. K. bottle of milk concerned showed Lo, of Messrk. Le and Lo, repre-the dairy which supplied It.

searched,

Witness: I don't think this was the bill that was shown to us.

sented the defendants.

Mr. Lo: If you did not know Mr. Lo: Are you sure, it is not. Outlining the case Mr. Wade-anything about the facts of the Thinking is not much usa1-1 son said that on August 8, a Mrs, case, you would not be deceived would not swear it is pot.

I am told that that was also Castro, an employee of the Dairy Into thinking that It was a bottle Farm Company, went to the de

of milk supplied by the Dalry shown to A, 197-Yes that is fendants' shop and asked for a Farm Company in view of the right. bottle of milk. The defendants cap on It?-If I did not know Mr. Wadeson (re-examining) asked her if she had a container anything about the case, I would asked witness if he could conceive and she replied that she had not. say that the bottle conveys moro in his mind any case where a per- The defendants next intimated to me than the eap.

son using the milk would not see

bottles provided she returned it in

could conceive. many. duc course. Mrs. Castro told the defendants that she could not be bothered and it was then that the defendants offered to

give her a bottic. The milk was then poured into a Dairy Farm bottle, the defendants put ting their own cap on the bottle and handing it over to Mrs. Castro. The next day a warrant was obtained and the defendants' premises were searched, resulting In the finding of some forty bot- tles belonging to the Dairy Farm Company.;

The first witness called was Mrs. Norah Castro, who substan- tiated in the main the statemente of Mr. Wadeson,, she added that the bottle of milk sold to her by the defendants cost twelve cents. The defendants, when producing the bottle which was finally hand- ed over to witnesses, produced three other bottles at the same

time.

Mr. Lo (cross-examining): Did you go to the defendants shop yourself?

Witness: Yes.

nese stated that he would be doubtful if he saw a Chinese cap on a Dalry Farm bottle who supplied the milk.

As to

Mr. Lo, (holding up the battle in question): Look at it from a distance. The most striking part of it is the cap, is it not? With the milk in it, the lettering would not show up very clearly at all?

Witness: Not at this distance. Mr. Lo: Even clonely, surely the most striking part is the capt-

I don't agree.

I suppose you know that this dairy has been going on for very many yeara7-Not under the pre- sent management.

Do you know the history of this firm at all?-1 understand that the lust proprietor went bankrupt and that it was taken over by a new management.

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THE NEW

replied that he Light

Can you tell me any

of case

that kind that you can think of? MILD -We have found more than once that milk has been returned to us which, after Investigation, has and been found to be outside milk.

Sergeant Rozaskwy, called Into the witness box, identified the

DECCA

Obtamable from all gramophone dealers

Trade enquiries:-

P. O. Bax 71.

receipt from A. Sheung us the GOOD

one which the manager had pro- duced during the search.

.

Perfectly Frank.

Mr. Lo: Did the Manager volunteer all the information and was he perfectly frank?

Witness: Yes.

Did he tell you he had Dairy Farm bottles? Yes, he told me he had fifty which he got from A. Sheung."'

not

From his conduct did you get Really? I see. Do you know the nume, of the Inst proprietor the impression that he was who went bankrupt? I think the trying to hide anything from you? company was then the Hung Lee-He was perfectly frank. dairy, but I would not say for

eerlain.

Not a Serious Competitur. You knew that the dairy is a

Do you know the present posi- Chinese dairy called the. Shuption of the Company? Would you Hung Lee?--Yes.

regard it as a serious competitor of the Dairy Farm Company ?~~ Not at all.

*

Have you been to the dairy?— Yes, I have.

Frequently? About two or three times a week,

Were you satisfied with the milk you got? I have always been satisfied.

And during the time you were. there, did you find any cause for complaint at all, either as regards

And when you asked for a bat tle of milk, did you know that you were getting the milk of the

Do you know how many hotties Shan Hung Lee dairy?-Yes. of milk they supply in the morn the way they sell milk to you er

Did you understand, as far asing-From the number of bot-in anything else?-Never. the man who was supplying you tles in the dairy I should say. Mr. Wadeson then indicated was concerned, that he was sell-about 100. ing his own dalry's milk?-1 understood that,

Unwilling to Pay,

In answer to further questions witness said that the Dairy would have given her one of their own bottles If she had been willing to pay aixteen conta for it. There was no question of deposit for the bottle, but only one of sale.

to

that that closed his case.

Would you be surprised

Mr. Lo was asked by his Wor- hear that they supply over 1,000 bottles of milk everyday?ship whether he agreed that the Case should be tried aummarily would be very much surprised.

Would you be surprised to hear and Mr. Lo expressed agreement that about 70 per cent, of supply la to Europeans in Colony 7-Yes, I would be prised..

this this

to that course.

The Magistrate next asked Mr. sur-Wadeson whether it was alleged that on the particular sale in question there was immediate or obvious intention by defendant of deceiving anybody.

Would you be surprised to hear that practically speaking, the whole of the police force in the

Mr. Wadeson' replied that he

Mrs. Castro in answer to an- other question by Mr. Lo agreed Colony lakes milk from them?- did not think there was, but added that who was never led to believe Something entirely new

that she was being Ltd.

(Incorporated under the Hongkong Companise' Ordinances 1911-1916,)

Telephone C. 78. Prince's Buliding (Ground floor.)

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to me.

САБО to

answer.

After considering the point Mr.

supplied I could hardly agree to that, for that his argument was that that

we have a number of police off was not necessary.

Mr. Lo indicated that he would Mr. J. D. Thomson, Secretary of cers on our list. the Dairy Farm Company, next

Do you know that there are re-plead that he had no went into the witness box. He tails in the shop to people who said that on August 9 he went to just drop in for a drink and, that defendants' dairy with Police Ser- that comes to about 200 bottles Lindsell requested Mr. Wadeson geant. No. 19 and with a Chincacper day?-I would be very much Lo quote his authorities to sup port his case, This Mr. Wadeson detective. They had a warrant surprised.

did and contended that n had been made out,

Witness: Yes, that is so.

to search the place and this docu-

Mr. Lindsell to witness: It ap ment they showed to the Dairy's pears to me that milk is gold for manager, who seemed to under consumption on the premises? stand it. A search was then made and the detalls of the search were

recounted by Mr. Thomson to the Court. Altoge ther about forty bottles were found belonging to the Dairy Farm Company.

case

No Intent to Defraud,

Addressing his Worship, Mr. Mr. Lo asked witness if he had ever tried to find out whether the Lo said that the witnesses for the defendant in sending out milk in prosecution had themselves admit the morning had ever used theted that there was no intention to Dairy Farm bottles. Witness re- defraud and he asked his Worship to hold that he had no caso to plied that he had not made any Mr. Thomson, continuing his evi-investigation but he knew that answer. This contention was fol- dence, said that the person who all the Chinese dairies in the lowed by Mr. Lo delving into called himself the Manager open-1 Colony used Dairy Farm bottles. (Continued on Page 11.)

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