TESTIMONY OF JOHN BLAKE WHITE. 27 



Q. Will you swear positively whether you can or not ? A. I can 

 swear I have often tested what I thought to be milk and analyzed 

 it and found it to be milk. 



By the COURT Q. Can you swear any more positively than you 

 have ? A. No, sir. 



By COUNSEL -Q. Now, sir, can you from the various tests enume- 

 rated by me swear positively whether the fluid tested was milk or 

 not ? A. I have made my answer to that question already ; I have 

 said that I could tell milk by those tests. 



Q. Are you sure that you can ? 



(Objected to.) 



The COURT We must be content with the answer. 



By COUNSEL Q. Can you not from such tests swear whether the 

 fluid was milk or not ; I ask you to answer yes or no to that 'ques- 

 tion? A. I have already replied to that. 



By the COURT Q. What is your answer? A. I have said I 

 thought I could. 



COUNSEL I ask the Court to request the witness to give a cate- 

 gorical answer. 



The COURT I refuse. 



COUNSEL I except to the Court's refusal to direct the witness 

 to answer that question directly. 



Q. Now, Doctor, you say you think you can ; how strong is your 

 impression ? A. As strong as I have expressed it ; I have made a 

 reply. 



Q. Then it is simply a thought, is that it ? A. I have not tried 

 the specimen to tell you. 



By the COURT Q. How sure are you ? If you can say anything 

 further, doctor, you may do it ? A. I do not see how I can answer 

 any differently. 



Q. You say you think you could ? A. I say, sir, it is my im- 

 pression and belief that I can tell good milk from these tests. 



By COUNSEL Q. Now will you swear, Dr. White, that the article 

 which you tested in this case was milk or won't you ? A. I do not 

 understand your question at all, I do not see what you mean to 

 imply by that such milk as I have already tested in that man's 

 store I have already passed upon. 



