February, 1882. 
THE CHEMIST AND DRUGGIST. 
79 
very forcible manner urged the improbability of his client, 
a man of respectability, seventy-five years of age, and forty- 
one years resident in the colony, being capable of theft. He 
said that he had several small parcels of his own, and when 
leaving the omnibus he took the purse up unknowingly with 
his own packages. Moreover, it was clear from the fact of 
Mr. Mason allowing the prisoner to leave the omnibus without 
challenging him with having Mrs. Gardner’s purse, that he 
must have been actuated by vindictive motives in recommend- 
ing her to give the prisoner into custody. Mr. Mason corro- 
borated the evidence of the prosecutrix in all essential points, 
and deprecated the imputation of malice thrown out by Mr. 
Weller, for which he was sharply rebuked by Mr. Pilley from 
the bench, who told him he had no right to reply to Mr, 
Weller’s remarks. Cross-examination failed to shake the 
evidence of either the prosecutrix or Mr. Mason, and on the 
termination of the case the latter addressed the Bench in 
justification of the course he had thought it his duty to pursue 
in the matter. The Bench retired to consider their decision, 
and after a short deliberation discharged the prisoner, as a 
majority of the Bench were of opinion there had been no 
felonious intention in taking the purse. The Mayor dissented 
•from his colleagues in their judgment. 
SALES OP ADULTERATED SPIRITS. 
At the Richmond Court on Wednesday, the 8th February, 
Isaac Henry Jones, wine and spirit merchant, corner of Swan 
and Lennox streets, Richmond, was prosecuted at the instance 
of the excise authorities, under the 86th section of the 
Licensing Act, for selling spirits distilled in the colony, 
mixed with foreign spirits, without causing the bottle con- 
taining such spirits to bear upon it the statement that its con- 
tents were “ a mixture of foreign and colonial spirits.” Mr. 
John O’Connor, senior inspector of excise, appeared to prose- 
cute on behalf of the Customs, and Mr. Gillott represented 
the defendant. 
H. J. Rattray, inspector of excise, stated that on the 27th 
ult, he inspected the store kept by the defendant, accompanied 
by Mr. John M‘Nee. The defendant said he was the pro- 
prietor of the store, and a registered wine and spirit merchant. 
The witness saw a number of bottles on a shelf labelled “ Fine 
Old Scotch Whisky,” and bearing the statement that the con- 
tents had been bottled by J. H. Jones, Swan-street, Richmond. 
On taking down one of the bottles and asking the defendant 
what whisky it contained, the defendant replied, “ Glenlivat 
Scotch whisky,” but that there was some Aikin’s colonial 
whisky mixed with it. Witness purchased a bottle of the 
spirit, for which he paid 3s. 6d. The defendant then showed 
the witness over his cellar, and pointed out a cask numbered 
3221 of Aikin’s colonial whisky, and also a jar of Glenlivat 
Scotch whisky, which he had purchased from Messrs. Lange and 
Thoneman, wine and spirit merchants, of Melbourne. He 
added that the bottle of spirits which had been purchased by 
the witness was a blended mixture of those spirits. The 
witness then purchased a bottle of each, paying 2s. 6d. for the 
Scotch and Is. 6d. for the colonial spirit. The permit issued 
for the Aikin’s whisky in the cellar was shown to the witness 
by the defendant ; the number upon it was the same as the 
one upon the cask in the cellar. 
For the defence, Mr. Gillott denied that the prosecution had 
proved their case. The proof rested on the credibility of the 
witnesses as to whether the defendant had really admitted that 
the bottle of whisky which had been purchased by Inspector 
Rattray was a mixture of imported foreign spirits and spirits 
distilled in the colony. The defendant positively denied 
having made any such admission. Moreover, there could be no 
conviction, because it was impossible by any known analysis 
to prove that the whisky produced in court was a mixture dis- 
tilled in the colony and an imported foreign spirit. Lastly, 
as he interpreted the Act, it was not required by law that any 
statement further than that the bottle contained whisky was 
necessary to be put on it by the vendor when the spirits were of 
colonial manufacture. 
The Bench recalled Mr. Stubley, who said that in his 
opinion it was impossible by any analysis to state the consti- 
tuents of a bottle of whisky, and authoritatively pronounce 
whether or no it was a mixture of foreign and colonial spirits. 
A majority of the Bench were of opinion that the case had 
been proved, and fined the defendant £10, and £2 2s. costs, 
the liquor to be forfeited, together with the vessels and kegs 
in which it was contained. 
Mr. Gillott gave notice of appeal. 1 
THE ANNUAL CRICKET MATCH. 
Wholesale v. Retail. 
The following report of this match has been furnished by 
Mr. A. C. Lewis : — The annual cricket match between the 
wholesale and retail chemists took place on Thursday, the 
26th January, on the Melbourne Cricket Ground, and resulted 
in an easy win for the retail by eighty-six runs. There wa^ a 
marked improvement upon last year’s attendance, and great 
interest was manifested in the match. This year the retail 
were the guests of the wholesale, and at two o’clock an 
adjournment was made to lunch, at which over fifty sat down. 
Ample justice having been done to the good things provided, 
before adjourning to resume the game, Mr. Blackett, M.P., 
rose, and begged to propose a toast — “ The Wholesale 
Chemists.” In doing so he said it afforded him great 
pleasure in being there, and he trusted it would not be 
the last time he would meet so many under similar cir- 
cumstances. He was proud to see there were some amongst 
chemists who could play the grand old English game of 
cricket, and he was also proud of the position Victorians 
held in the cricket field, and concluded by hoping the retailers 
would give the wholesale a good beating. Mr. Grimwade, in 
responding, said it gave him great pleasure to be present at the 
match. He had been against these matches before, but now 
he thought they would help to lead to a better feeling between 
the wholesale and retail houses. It was through the persua- 
sive powers of Mr. Hemmons that he had given his sanction 
to a half-holiday, and he hoped now that these matches would 
become quite an institution. (Loud applause.) He thanked 
Mr. Blackett for the kind manner he spoke of the wholesale 
chemists, but did not agree with him in wishing for a victory 
for the retailers. His sympathy was with the wholesale. 
Mr. Hemmons, who upon rising was received with much 
applause, also thanked Mr. Blackett for his kind remarks 
about the wholesale, and said he was very pleased to see so 
many present at the lunch . In concluding, he begged to pro- 
pose the health of the retail chemists, which was drunk 
with enthusiasm. Mr. Blackett returned thanks in a few 
words, and the match was then resumed. Mr. Hemmons 
acted as umpire for the wholesale, and gave great satisfaction, 
while Mr. Coulthard performed like duties for the retail. It 
was unanimously agreed by those present to endeavour to 
make these matches far more popular amongst the trade than 
they have been. The followingare the particularsof the play : — 
RETAIL. 
F. Baker, c Griffen, b Court 
2 
F. G. Barnard, b Treadaway 
0 
Pleasance, b Court... 
26 
Cooper, 1 b w, b Court 
3 
Gibson, not out 
82 
Hope, c Duff, b Jenkinson 
10 
A. Lewis, b Lyons 
0 
Cattach, c and b Jenkinson 
1 
Ross, b Jenkinson ... 
3 
Gabriel, b Moss 
31 
Evans, c Treadaway, b Lyons ... 
... 15 
Sundries 
2 
Total 
175 
Bowling Analysis. — Treadaway, 72 balls, 1 maiden, 63 runs, 
1 wicket ; Court, 36 balls, 32 runs, 3 wickets ; Jenkinson, 48 
balls, 2 maidens, 33 runs, 3 wickets ; Lyons, 37 balls, 14 runs, 
2 wickets ; Moss, 42 balls, 31 runs, 1 wicket. 
WHOLESALE. 
Jenkinson, run out 
... 28 
Coates, b Ross 
0 
Treadaway, c Gabriel, b Baker 
3 
Lyons, b Ross 
... 18 
Moss, b Ross 
0 
Powell, c and b Ross 
4 
Rackman, b Gibson 
... 12 
Court, b Ross 
0 
Griffen, b Gibson 
4 
Duff, not out 
10 
Whiting, b Ross 
1 
Sundries ... 
9 
Total 
... 89 
j-MuwuHivj jz-HjusbyoLd. — uAJi-ei, <o uaus, y maiaens, zo runs, l 
wicket ; Ross, 97 balls, 6 maidens, 39 runs, 6 wickets ; Gibson, 
24 balls, 16 runs, 2 wickets. 
Majority for Retail, 86 runs. 
