TESTIMONY OF HENEY W. Y&UGHAN. 211 



YOU made practical experiments for some time past ? A. Yes, sir ; 

 I have. 



Q. How long ? A. I have held the position of City Inspector 

 of Milk, I think, five years ; during that time I have constantly been 

 analyzing and examining milk and making milk a subject of inves- 

 tigation, and before that time I analyzed milk for Doctor Wiggins, 

 who was then the Inspector. 



Q. Have you made tests of milk with the lactometer ? A. Yes, 

 sir ; I have. 



Q. Frequently ? A. Yes, sir. 



Q. Have you found pure milk standing below 1.029 to your own 

 knowledge ? A. Yes, sir. 



Q. Many instances? A. Yes, sir; a good many. 



Q. Did you have any evidence that the condition of the cows 

 was healthy from which such milk came ? A. I believed them to 

 be so ; they were from the farm of Governor Sprague, a choice 

 selection of cattle. 



Q. Will you state what the practice in Providence and in the 

 State of Rhode Island is, as practiced by you, of testing milk ? 



(Objected to.) 



COUNSEL We desire to show that the evidence of the lactometer 

 is not received in the State of Rhode Island ; that it is not regarded 

 as a test, and we bring here an experienced witness, the Inspector 

 of Milk of the City of Providence, to demonstrate that the instru- 

 ment is an unreliable instrument. 



The COURT I exclude the evidence upon the ground that I 

 remarked yesterday generally that it is irrelevant to the issue. 



COUNSEL We except to the ruling of the Court. 



Q. Now, sir, from the evidence of the senses in conjunction with 

 the lactometer and thermometer would you give it as your opinion 

 that an article was adulterated milk with water or not ? A. I would 

 not swear that it was milk by testing it with the lactometer ; I could 

 not tell whether it was milk or not. 



Q. I am putting it in conjunction with your senses, whether you 

 would say, from the evidence of your senses coupled with the lacto- 

 meter whether you would say it was adulterated with water or not ? 

 A. No, sir ; I do not think you could swear to it ; you would sur- 

 mise that such was the case ; I do not think the report could be 



