THE JUDGE'S CHARGE. 261 



evidence to submit to them on the question whether he knew that 

 the milk was watered. That is the first count. I do not see why 

 you are so urgent on that point, because you have got the second 

 count ; I suppose that would be conceded. I should almost say to 

 the jury that there was no evidence that it was milk he kept for 

 sale, that he knew it was watered. 



Mr. WAEHNER I desire to have entered on the minutes the 

 motion for an acquittal, in addition to the other grounds I have 

 stated, on the ground that there is no evidence to sustain the second 

 count of the indictment. 



The COURT The motion is denied. You can take your excep- 

 tion. 



Mr. WAEHNER Note an exception. I understand your Honor 

 grants so much of my motion as relates to the first count. 



The COURT Yes, sir. 



Mr. WAEHNER And your Honor denies the motion as to the 

 other points? 



The COURT I shall charge substantially as you requested me 

 on the first count. 



Mr. LAWRENCE and Mr. PRENTICE summed up. 



THE JUDGE'S CHAEGE. 



Judge SUTHERLAND charged the jury as follows : 



GENTLEMEN OF THE JURY By the 82d section of an act of this 

 State, passed April 30, 1873, entitled " An act to reorganize the 

 local government of the city of New York," the 82d section of the 

 act provides as follows, after the previous section had provided for 

 the organization of the Board of Health, or Health Department : 

 " It shall be the duty of said Board, immediately upon organization 

 under this act, to cause to be conformed to this article the sanitary 

 ordinances then or lately adopted by the existing Department of 

 Health, which shall be called the sanitary code, and said Health 

 Department is hereby authorized and empowered to add to such 

 sanitary code, from time to time, and shall publish, additional 



