12 TESTIMONY OF CASPAR GOLDERMAN. 



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 sig- 

 nature is Emmons Clark's, the Secretary of the Board. 



By the COURT Q. And was at the time ? A. 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 ordin- 

 ances 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 vio- 

 lation of the Sanitary Code, bringing it within the language of sec- 

 tion 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 



