10th September 1894
Reference Numbert18940910-708
VerdictGuilty > unknown
SentenceMiscellaneous > sureties

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708. ALEXANDER SMITH , Unlawfully selling two bottles of gingerbeer to which a trade mark was falsely applied.

MR. HORACE AVORY. Prosecuted.

GEORGE SURTELL . I am an inspector of the Mineral Water Bottle Exchange Company, which was formed for the purpose of restoring bottles to mineral water manufacturers—if bottles get into wrong hands they are sent to the Exchange, sorted out and sent back to the original owners—on 29th July I found the prisoner standing with a barrow, on which was gingerbeer, in Acorn Street, Bishopsgate—I bought from him these two bottles of gingerbeer, each bearing the trade mark of R. White—I called the prisoner's attention to the trade mark—he said, "I make my own gingerbeer. I have brought bottles to the Exchange. I am also a dealer"—I examined the rest of the stuff on his barrow and found about seven dozen of gingerbeer, four dozen bearing the trade mark of R. White, and the remainder bearing the names of other well-known makers—two days afterwards I went to 58, Wentworth Street, a private house where the prisoner lives in one room—I saw a tub in the back yard and about ten dozen empty bottles, all bearing the names of different makers—I heard the prisoner before the Magistrate claim to be tried by a jury.

Cross-examined by the prisoner. I told the man with me to give you the money, and he gave you 2d.

HENRY CLEMENTS . I am a foreman to R. White and Sons, Limited, of Camberwell, one of the principal mineral water manufacturers in London—I produce the certificate of registration of their trade mark, "R. White," which appears on these bottles—I was with Surtell on 29th July when these two bottles were bought—they are White and Sons property; they are never sold—I have not examined the gingerbeer in the bottles, but by the way the bottles are corked I can tell they were not filled by White and Sons—these two bottles came from the prisoner's barrow—another man was standing there with a barrow at the same time; I purchased six bottles of him, and proceedings were also taken against him.

The prisoners statement before the Magistrate: "I wish Mr. White would protect his bottles a little better; I clean them for him and use them, and save them from being destroyed."

The prisoner in his defence stated that Messrs. White would not receive back their bottles if they were greasy; that he bought old stuff, and when he had enough of these bottles he sent them back.

HENRY CLEMENTS . Re-examined). We do not buy these bottles back; they are not allowed to be bought or sold.

GEORGE SURTELL . Re-examined). We allow twopence per dozen for bottles brought to the Exchange.

GUILTY .— Discharged on recognisances.

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