264 THE JUDGE'S CHAKGE. 



business on the 25th of August last was cow's milk, the weight of 

 which had been so much lessened and which had been made so thin 

 and diluted by the addition of additional water, that the evidence 

 in this case should satisfy you beyond any reasonable doubt that 

 the fluid which he so examined and tested that Dr. White could 

 and did ascertain with reasonable certainty and beyond any rea- 

 sonable doubt that the fluid was cow's milk which had been and 

 was then watered by the addition cf additional water ; and that the 

 evidence of Dr. "White as to the manner in which he examined it 

 and tested the fluid, and the evidence which may be called the 

 scientific evidence in this case, should satisfy you beyond any rea- 

 sonable doubt that the fluid which he so examined and tested was 

 cows' milk which had been watered by the addition not of fifteen 

 or ten per cent, of water, but had been watered by the addition of 

 water. The section 186 of the sanitary code which I read to you 

 and under which I presume the second count of the indictment was 

 framed does not in terms prohibit the keeping of milk for sale 

 below a certain specific gravity, but it does prohibit the keeping of 

 watered milk for sale. The second count of the indictment does not 

 allege that the ten quarts of milk mentioned in it was milk which 

 had been watered by any certain specific per cent, or any specific 

 quantity or weight of water, but it does allege that the ten quarts 

 of milk had been watered and adulterated by the addition of water. 

 One of the material questions which you are to determine in this 

 case is whether the fluid inspected and tested on the 25th of August 

 was cow's milk which had been watered ; not whether it was cow's 

 milk which had been watered by the addition of 10 or 15 per cent, 

 of water, or of any particular per cent, of water, though the result 

 of the test by the lactometer and thermometer as testified to by 

 Dr. White, if you credit it, may be very material in determining 

 the question whether the milk was or was not cow's milk which 

 had been watered by the addition of water. There is no direct 

 evidence in this case that the fluid which Dr. White examined on 

 the 25th of August and tested, had been watered or had water 

 added to it ; by this remark I mean that no witness has testified that 

 he saw or heard water poured into that milk. But it is claimed 

 on the part of the prosecution that if you credit Dr. White's 

 evidence, relating to his inspection and test of the fluid from which 



