TESTIMONY OF JOHN BLAKE WHITE. 25 



Q. I now hand you a whitish fluid in appearance resembling milk 

 contained in a bottle which is before you, and ask you to pour it 

 into that glass jar and test it with the lactometer as you did the 

 fluid in the shop of the accused. 



COUNSEL FOB THE PEOPLE (Objected to on the ground that it is 

 not claimed that this substance is milk, and secondly, that the ex- 

 periment is irrelevant and incompetent ; and I desire to add an 

 offer that the witness may test milk with the lactometer.) 



The COURT It marks a certain degree. What is your argument 

 from that ? 



COUNSEL FOB DEFENDANT It depends what the degree is. 



The COUBT Let it be 85 ; suppose it says that ; what is your 

 argument ? 



COUNSEL If the subsequent proof shows that to be pure milk it 

 will not only be an argument but a demonstration that the lac- 

 tometer is imperfect. 



The COUBT Unless you intend to prove or should prove after- 

 wards that the fluid there is milk, I do not see that the experiment 

 would be useful or advance the truth. I think I will exclude the 

 question, but I may alter my mind when I learn more about the 

 lactometer. 



COUNSEL Note our exception. 



Q. Doctor White, thero is before you a fluid which appears to 

 be milk ; I ask you to pour that into the glass jar used to contain 

 milk when you make tests of it, and test i with the lactometer and 

 state the result by the lactometer. 



(Objected to on the ground that it is not relevant to the issue ; 

 that the issue to be determined is the specific gravity.) 



(Objection sustained ; exception.) 



Q. Now, Doctor White, when you go into a milk shop and a fluid 

 is given you which looks like milk, and you test with the lactometer 

 and thermometer and note the result, can you tell whether that 

 fluid is milk or not ? 



(Objected to as irrelevant ; objection overruled.) 



A. I always inquire from the man first if he has 



Q. I ask you from that test whether you can tell that is milk ? 

 A. I ask the person if he has milk for sale before I proceed any 

 further. 



