Mr. PRENTICE-Yes, sir; we will submit that with other evidence. The COURT-Proceed. I am inclined to think the proof sufficient to show that there was an original ordinance passed by the Board of Health.

Mr. PRENTICE—I offer in evidence that portion of the book of minutes of the Board of Health marked D, embraced between pages 26 and 38 inclusive, and certified by Emmons Clark, Secretary of the Board of Health.

Q. I will ask him to look at the signature at the end of those minutes, and state in whose handwriting it is? WITNESS-The signature is Emmons Clark's, the Secretary of the Board.

By the COURT-Q. And was at the time? 4. At the time and is

now.

Q. And is yet? A. And is yet.

COUNSEL FOR DEFENDANT—I object to the introduction of this in evidence upon the ground that it is irrelevant and incompetent as evidence and upon the specific ground that there is no allegation in the indictment to the effect that these Code of Health ordinances were ever conformed by the Board which went into office in 1873, to the act of 1873, under which they were empowered to act as Health Commissioners.

The COURT It is possible you ought to call Mr. Clark, but I think it is sufficient. Is this an indictment for a breach of the ordinance thus adopted by the new board, or is it an indictment upon an additional ordinance?

COUNSEL FOR PEOPLE-It is pleaded in the indictment as a violation of the Sanitary Code, bringing it within the language of section 82, which declares that any violation of the said Code shall be treated and punished as a misdemeanor. It is proper to show what the Sanitary Code was.

The COURT-You object and take an exception.

COUNSEL FOR THE PEOPLE-Q. Look at the signature shown in that certificate; do you recognize it? A. I do.

Q. Whose signature is it? A. Emmons Clark's, the Secretary. COUNSEL FOR THE PEOPLE—We now offer in evidence that portion of the book included between pages 33 to 89, with the authentication of the Secretary of the board, being the Sanitary Code so certified.

This certificate is as follows: "I, Emmons Clark, Secretary of the

Board of Health of the Health Department of the City of New York, do hereby certify that the foregoing printed 'Sanitary Code,' namely, from page 38 to page 94, both inclusive, is a true copy of the original ordinances and amendments thereto, on file in my office, and the whole thereof, and are now in full force and effect, and entitled to full credence as such ordinances and amendments and were duly adopted and confirmed by said Board of Health, agreeable to the provisions of the law of the State of New York, entitled 'An act to reorganize the local government of the city of New York,' passed April 30, 1873, as amended by an act, entitled 'An act to amend chapter 335, of the Laws of 1873,' and passed June 13, 1873. In witness whereof I have hereto set my official hand and affixed the great seal of the said Health Department, this 10th day of October, 1874, A. D. EMMONS CLARK,

SEAL.

Secretary."

Then we offer as to the certificate, section 12, chapter 636 of the Laws of 1874, which is as follows:

"Copies of the record of the proceedings of said Board, with its rules, regulations, ordinances, bills, and books, and papers constituting part of its archives, when authenticated by its Secretary, or Secretary, pro tem., shall be presumptive evidence, and the authentication be taken as presumptively correct in any court of justice or judicial proceeding, when they may be relevant to the point or matter in controversy, facts, statements, and recitals therein contained."

(Objected to on the ground that it is incompetent and irrelevant; objection overruled; exception.)

JOHN BLAKE WHITE, sworn and examined, testified as follows:

Q. What is your profession? A. Physician.

Q. How long have you been a physician? A. About two years and a half.

Q. Are you connected with the Health Department? A. Yes, sir. Q. In what capacity? A. Assistant Sanitary Inspector.

Q. How long have you been so associated with the Health Department? A. I will have been a year next May.

Q. Since May, 1876, then? A. Since May, 1876.

Q. Have you been detailed for special duty in the Health Department? A. Yes, sir.

Q. What is that special duty? A. Inspection of milk.

Q. From what time? A. Since June last.

Q. Did you undergo any preparations for this special duty? A. I did.

Q. State what that preparation was? A. It was the use of the lactometer and the analysis of milk.

Q. What instruction did you undergo? A. I do not understand your question.

Q. I asked you what preparation you went through with before entering upon those duties-how were you informed as to the use of the lactometer?

(Objected to.)

A. I studied the use of the lactometer and the analysis of milk under competent instruction.

COUNSEL--I move to strike out the words "competent instruction" as stating a conclusion.

The COURT-Leave that in.
COUNSEL-Note an exception.

Q. What experience have you had in the examination of milk? A. I have tested a number of specimens of genuine milk and analyzed quite a number.

Q. Have you repeatedly compared your analyses with other tests? A. I have, sir.

Q. Were those other tests compared with the analyses? A. Compared with the lactometer.

Q. Have you the lactometer with you? A. I have, sir.

Q. Is this lactometer an instrument that you have used in your milk examinations? A. Yes, sir.

Q. Who furnished you with this lactometer? A. It was furnished me by Dr. Waller, by direction of the Board of Health.

Q. He is a chemist connected with the Board of Health? A. Yes, sir.

Q. Is this an instrument that you yourself have verified? A. Yes, sir.

Q. State to what standard of milk it is adjusted. A. It is adjusted to the lowest, 1.029 specific gravity.

Q. The lowest quality of genuine milk? A. The lowest quality of genuine milk.

Q. At what temperature? A. At the temperature of 60 degrees, Fahrenheit.

Q. State how your tests as to the quality of milk are made with this lactometer? A. Where the temperature of the milk is(Objected to.)

Q. When did you visit the place of business of the defendant? A. I would like to refer to my books, so as to be sure. August 25, 1876.

Q. Where was his place of business? A. At that time, 206 Avenue B.

Q. What was his business? A. He kept a milk depot.

Q. Did he keep a large quantity of milk for sale? A. Yes, sir. Q. Furnished retail dealers and milk wagons? A. He was selling milk at retail.

A. Yes, sir.

Q. And sold also wholesale? Q. About how much milk did you find the morning or the day visited it? A. As far as I can remember there was almost half a can at the time.

you

Q. Half a can in the depot? A. Half a can from which I procured the specimen. He was selling this milk at the time. I asked him when I entered the place if this was milk he was selling; I took it out of that can.

Q. Were there other cans there? A. There were other cans in the depot.

Q. Your examination was confined to half a can of milk? A. To a can of milk, from which he was selling that day; the dippers were in the can, which furnished me sufficient evidence that he was selling from the can.

say

Q. How much milk was in the depot? A. I could not possibly because I did not look into the other cans.

Q. Was there more than one can? A. There was more than

one can.

Q. More than five or six? A. I do not remember that; I have been to a great many places since then.

Q. How large was this can? A. A can containing about forty quarts of milk; the usual size of milk cans.

Q. What test did you apply to the milk he was selling at that time? A. I first observed the milk as I always do observe, whether the milk adheres properly to the side of the glass as milk generally does; then I tested the temperature at sixty degrees Fahrenheit; I placed the lactometer in the glass containing milk, and it stood at 85.

Q. What amount of adulteration was shown by your examination?

(Objected to on the ground that it has not been shown upon what principle this lactometer has been constructed; objection overruled; exception noted.)

A. It shows 15 per cent. of water by the lactometer; 15 per cent. of added water I should say.

Q. What was your observation as to the milk clinging to the side of the glass? A. It behaved as milk does which has been adulterated; it did not cling well, and it looked bluish and light.

Q. I think you stated pure milk generally clings to the sides of the lactometer? A. To the lactometer and also to the sides of the glass, when the glass is shaken in which the milk is placed.

Q. Have you ever made any analysis to confirm the reading of the lactometer? A. I have, sir.

Q. At 85?

(Objected to as incompetent, irrelevant and immaterial; objection overruled.)

Mr. HASTINGS-We withdraw the question.

Q. Have you made repeated tests with this lactometer? A. I have, sir.

Q. About how many? A. I made about 147 tests of genuine milk.

Q. What steps have you taken to verify the reading of the lactometer on those tests? A. I visited the country and tested milk direct from the cows.

Q. Have you ever watered these samples of milk to see how it would vary on the scale of the lactometer? A. Not these particular samples, but I have others.

By the COURT-The lactometer which is presented here is the one with which you tested the milk in the can you found in the possession of the defendant? A. Yes, sir, that is the lactometer.