28 TESTIMONY OF JOHN BLAKE WHITE. 



Q. On the 25th of August last in the store of the accused did 

 you. notice a certain fluid? A. Yes, sir. 



Q. From the tests made by you, will you positively swear that 

 that fluid was milk ? A. Yes, sir ; I will. 



Q. Then, how is it that when in another case, the hypothetical 

 case which I put to you just now, you, combining all these tests, 

 only think it was milk ? A. I said it was my firm impression, I 

 could tell it. 



Q. How is it that in one case you swear positively and in the 

 other you have only an impression? 



The COURT I do think you have gone as far as I ought to permit 

 you. 



By COUNSEL Q. Now, Doctor, what portion of the test made by 

 you in this case enables you to be so positive that what you tested 

 was milk ? A. The lactometer sank so low as to show that there was 

 more water in that specimen of milk than there ought to have been. 



Q. In case a fluid in appearance resembling milk is given you, 

 you pour it into a glass jar such as is commonly used for testing 

 milk, you test it by inserting the lactometer in that glass jar, you 

 test the temperature by an accurate thermometer, you notice 

 whether the milk clings to the glass or to the lactometer, can you 

 positively swear that the fluid you have tested is milk and in 

 addition to the tests yo u taste the fluid and look at it, will you then 

 swear it was milk ? 



(Objected to as hypothetical and irrelevant, and as not based 

 exactly upon the facts in this case.) 



A. I cannot answer it ; I go into a milk store and look for milk. 



Q. Why cannot you answer that question ? A. You say, in case 

 a fluid is given me ; I do not understand what you mean by that I 

 enter a store to inspect milk, I understand the man in the store is 

 selling milk, I test the milk to see how much water is in it. 



Q. Do you arrive at the conclusion that the fluid is milk, from 

 your supposition or knowledge that the man sells milk, or from the 

 tests which you make ? A. From both. 



Q. Can you tell from either, separately ? A. I can be pretty 

 well assured of the latter, although I cannot always of the former. 



Q. Can you tell either, separately ? A. I have answered that. 



Q. Now, Mr. White, in a case where the supposition in your 



