TESTIMONY OF DR. o' CONNOR. 259 



DR. O'CONNOR recalled by Mr. PRENTICE : 



Q. Where did you get that milk? A. I got it at Sandford & 

 Woodhull's, 32d street, near Broadway. It was taken from a fresh 

 can which had come down ; it had not been opened on the way 

 down, at least I presume so ; the wires were intact ; I saw the wires 

 broken and saw this milk taken out. 



By Mr. LAWRENCE Q. Do you know this to be pure milk ? A. I 

 have not any doubt about it. 



Q. Dr. O'Connor, don't you know the people where you purchased 

 that milk are skimmed milk dealers ? A. I do not. 



THURSDAY, December 28, 1876. 



Mr. LAWRENCE I want to prove that the milk which was last tested 

 yesterday afternoon has since been tried and found to be skimmed 

 milk. "We have in Court the most distinguished microscopist in 

 America to prove that the milk of December 18 contains no pus, 

 nor anything like it. 



The COURT I think the evidence must be considered closed. 



Mr. LAWRENCE If we can limit it only to pus, it will take but a 

 single moment ; the other side had leave to open the case yesterday; 

 we have the apparatus here in Court, and it is susceptible of proof in 

 an instant ; we want to show that Dr. O'Connor was grossly mistaken; 

 if your Honor will not let it in any other way, I will shorten my 

 summing up ; I ask my friend to admit that it was skimmed milk. 



Mr. PRENTICE It was commercial milk ; it came from the hands 

 of the milk dealers, and the milk dealers are defendants in this 

 case ; I have the evidence before me. 



The COURT I decline to hear it. 



Mr. WAEHNER We desire to renew the motion for an acquittal 

 upon the close of the case of the prosecution upon the same grounds as 

 then stated. The grounds upon which I moved for an acquittal on 

 the close of the case of the prosecution were these : That first, the 

 prosecution had failed, or at least so far as the indictment was con- 

 cerned it was defective, in this, that it did not allege, in the so-called 



