THE JUDGE'S CHARGE. 263 



business in the city of New York, being the place where milk 

 was kept for sale, did unlawfully keep, and have, and offer for 

 sale ten quarts of milk which had been and was then and there 

 watered, reduced and changed by the addition of water or other 

 substance, in violation of the provisions of the sanitary code. In 

 view of the wording of the second count of the indictment and in 

 view of the provisions of the sanitary code which I have read to 

 you, and of the provisions of the act of 1873 which I have read to 

 you, and of the evidence of this case, I charge you that if the evi- 

 dence in this case satisfies you beyond any reasonable doubt that 

 the fluid which Assistant Inspector White saw in the milk-can in 

 the defendant's store and place of business in the city of New York, 

 on or about the 25th of August last, and a portion of which he 

 then and there examined and tested with the lactometer, of which 

 fluid Dr. White testified that the can appeared to be about half 

 full, and of which fluid the defendant testified there was 25 quarts, 

 was cows' milk which had been and was then watered, adulterated, 

 reduced and changed by the addition of water, and that the defen- 

 dant then and there had and kept such watered, adulterated and 

 reduced and changed cow's milk for sale, you can and ought to find 

 the defendant guilty of the offence charged in the second count of 

 the indictment ; otherwise you ought to find the defendant not 

 guilty of the offence charged in the second count of the indictment. 

 Will the evidence in this case, especially that of the defendant, of 

 his son, and of Dr. White, permit you to doubt that the fluid in the 

 milk-can was either cows' milk which had been watered, or cows' 

 milk which had not been watered, that it was one or other of those 

 fluids ? Dr. White testified to certain facts or circumstances from 

 which he testified that he inferred or came to the conclusion that 

 the fluid in the can was milk to which 15 per cent, of water had 

 been added. One of these facts or circumstances was, that upon 

 testing the fluid at the temperature of 60, as shown by a thermom- 

 eter and by the lactometer, for the purpose of ascertaining its 

 specific gravity and then stating the result of such test. I do not 

 mean to detain you by referring at all to the evidence in detail. 

 The counsel for the prosecution claims that the fluid which Assis- 

 tant Inspector White examined by his senses and tested with the 

 lactometer and thermomster at the defendant's store and place of 



