8 TESTIMONY OF WILLIAM A. WALL. 



The COURT Probably both counts refer to the same transaction. 

 It is not a ground for quashing the indictment. 



Mr. WAEHNEB I ask that they be put to their election upon 

 which count of that indictment they will proceed. 



The COURT I won't now. Wait till the evidence is through and 

 we will see about that. I deny your motion to call upon them to 

 elect, and I deny your motion to quash. 



Mr. WAEHNER I except to each of the refusals ; I move to dis- 

 miss this matter or to quash this indictment upon the ground that 

 the indictment as far as the second count is concerned does not 

 state an offense ; that all the statutory prerequisites to constitute 

 an offense against what is called in that indictment the Sanitary 

 Code of the act of 1866, under which the Board of Health of the 

 City of New York was first organized, empowered that Board to 

 pass certain ordinances, rules, and regulations for the government 

 of the health of the City of New York ; that under that act they 

 were obliged to publish those ordinances for a specified time before 

 those ordinances could go into any effect. I refer to the case of 

 the People vs. Reed, 1 Parker's Criminal Reports, page 481. 



The COURT I deny your motion. 

 Mr. WAEHNER Note an exception. 



Mr. PRENTICE opened the case for the prosecution. 



/ 

 WILLIAM A. WALL, sworn and examined, testifies as follows : 



Q. Mr. Wall, you are connected with the office of the City 

 Record, are you not ? A. Yes, sir. 



Q. The official journal of the city of New York ? A. Yes, 

 sir. 



Q. How long have you been connected with that office ? A. Since 

 June 7, 1873. 



Q. Have you with you a file of the City Record, representing the 

 daily issues of that paper during the months of February and March 

 last ? A. Yes, sir ; I have it here. 



