TESTIMONY OF JOSEPH T. o'CONNOB. 163 



Q. Did you not say a few moments ago that the reason why 

 analysis would not detect the addition of fifteen per cent, of water 

 to milk was because you had no standard to go by ? A. I followed 

 of my own notion. 



Q. Did you not state that ? A. I have no standard to go by as 

 a legal or authenticated standard ; this is a rigid arbitrary standard 

 fixed by a board just as the Board of Health may do the same 

 thing, and just as it is done, as it has done it in the case of the lac- 

 tometer. 



Bedirect-examination : 



Q. Doctor, how many times is milk sent from the farms to the 

 city ? A. That is a question I am hardly competent to answer ; my 

 impression is that it is sent morning and evening ; in some cases 

 I know it to be sent once a day, and some farms I have been to 

 send twice ; farms that are near the city send twice a day, West- 

 chester. 



Q. I am talking about the general supply of the city? A. It 

 comes at night in the milk trains. 



Q. Is the morning and evening milk mixed together ? A. Of 

 course I do not know. 



Q. What is your observation on that point ? A. My observation 

 is not in that direction. 



The case for the prosecution was closed. 



The case for the defense : 



Mr. WAEHNEE : I desire first to ask your Honor to direct the 

 jury in this case to acquit the defendant upon the ground that the 

 indictment is defective in not charging or alleging in proper form 

 the advertising and publishing of the Sanitary Code and its con- 

 formity by the Board of Health to the act of 1873 ; it also appears 

 upon the face of the indictment that there are substantially two 

 offences alleged without a proper separation of counts, and the 

 further finding in the case of the second paragraph of the indict- 

 ment by the Grand Jury of a distinct and separate offence that the 

 Court cannot take judicial cognizance of the Sanitary Code of the 



