The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-01-14
WAR OVER MILK BOTTLES.
John Weastell Fined For
Using Condenser Milk
Company's Bottles.

The New York Condensed Milk Com
pany is waging a vigorous war against
milk dealers who sell their bottles filed
with milk. The war was commenced in
Hoboken, yesterday afternoon, when
three offenders were arraigned before JUS
tiee of the Peace Cafferatta, in Recorder
Stanton7s court. The three dealers were
prosecuted under the bottle act, passed
in 1891. The complaint was made by San
ford E. Smith, an inspector of the COM
pany.
The first case called was that of ].
III. Weastell, a milk dealer of Monticello
avenue, Jersey City.
Mr.. Smith stated that he received a
report to the effect that. milk dealers
We're using the companys bottles and
that he went to the Delaware, Lacka-
wanna and Western Railroad milk plat
form, on Ferry street, Friday morning
and found some filled bottles on Mr.
Weastells wagon as it was leaving the
platform.
Mr.. WeasteH testified that there had
been a sort of an exchange between the
milk company and himself He said that
the company inspector always had free
stock any time he saw fit.
Detective Fenton stated that when he
went to the D., l.. & w. r. R. platform
early Friday morning, he found on wagon
No. g. driven by John Mills sixteen bot
ties of milk hearing the names of the
company, and also found three filled bot
Ties on wagon No. 2, driven by Henry
Rgago. 1ooa, III,
Stated that his bottles were sorted once
month. sometimes oftener, and when
any of the company's bottles were found
they would be set aside and delivered to
the company He said he had done that
for years, ever since he'd been in the bot
Ting business
81 have no ambition to advertise the
company's milk he said, 'I have no use
for their milk. The custom of exchange
had made it law between the company
and myself and l had no reason to be-
lieve that such a matter as this would
arise"
Mr.. Roulette, the attorney for the com
pany, cross examined Mr.. Weasteal dur
ing which he admitted that he never had
a written consent from the company to
use their bottles.
John Mills and Henry Rugo, Weasteals S
two drivers corroborated their employ
er's testimony that the. company's bot
ties were sorted out and delivered to
their lace of buSineSpS. Lawyer Roulette
addressing the Court, said:-tThis action
lis not brought for any other purpose than
" pINteut Tic lullHS OL our UUtlieS Dy
other dealers. If the Court finds the de-
PENDANTS guilty, I would ask that the
Court impose a very moderate penalty"
Judge Cafferatta said there was no
doubt in his mind but what Mr., Weasteal
was guilty, and fined him $40 and costs,
which amounted to $575. Weasteal paid
the fine, and in doing SO took OCCASION to
say a few hard things. Il think that
some consideration should be shown"
he said 'tas a mater of our business rela-
tions. The exchange has been going on
for the past ten or twelve years. 1t
shows it to be a matter of husi-
ness with the company. They wanted
the driver arrested so that the route
would go unserved. Their canvasser
would have called on our customers to-
day telling them how they had caught us
using their bottles. If anything of this
kind turns up again in this city, I am per-
in this city who will go bail if my drivers
are arrested on ruse of this kind.
Mr.. Weastell then left the court and the
other two eases were tried Henry Meyer,
was the next defendant. He refused to
contest his case and pleaded guilty to
having used the company's bottles filled
with milk Lawyer Roulette asked the
court to impose the lowest possible fine
on Meyer. Judge Cafferatta fined Meyer
S. which is the minimum.
Louis j. Weber, a milk dealer of No.
S01 Willow avenue, Hoboken, also plead
ed guilty to the charge and was fined
s. and costs. Mr.. Smith, an inspector
for the company, in conversation with
a News" reporter yesterday afternoon,
said that the company lost on an aver
age of $4,000 bottles a month and that
some months it went as high as 5000.
He said that it cost the company $780,,
900 for lost bottles in New York, New
Jersey and Brooklyn, last year.
Inspector Smith, not desiring to take the
bottles of milk back to New York donated
them to ST. Mary'S HOSPITAL.