266 THE JUDGE'S CHARGE. . 



recollect the evidence better than I do, because I have had other 

 things to think of. Now, I submit the case to you with these re- 

 marks. I am tempted to extend them, to make other remarks, and 

 perhaps only tempted because I thought it might be my duty to do 

 so. I submit it to you with full confidence that you see the import- 

 ance of the questions which may be involved in the determination 

 of the issue formed by the defendant's plea of not guilty to the 

 second count of the indictment. That is all I have to say to you, 

 gentlemen, except so far as I am called upon to say something in 

 pursuance of the requests which are handed up by the prisoner's 

 counsel, and other requests he is going to ask me to charge. Now, 

 the first is to acquit upon the first count in the indictment that 

 there is no evidence that the defendant had knowledge of the adul- 

 teration. You will find him not guilty of the offense charged in the 

 first count of the indictment, so that the question you will determine 

 is confined exclusively to the second count in the indictment. The 

 counsel requested me to charge, "First That to convict the defend- 

 ant the jury must first be satisfied beyond all doubt that the defend- 

 ant did at the time and place charged in the indictment, hold, have, 

 or offer for sale milk which had been watered, adulterated, reduced, 

 or changed in some respect." Well, I will charge that, gentlemen, 

 " all doubt," I suppose means reasonable doubt. " Second That 

 unless the evidence of the prosecution has generated a full belief 

 of the matters charged in the indictment to have been committed by 

 the defendant they must acquit him." Yes, I will charge that, gen- 

 tlemen. " Third That unless the jury have a full belief from the 

 evidence of Dr. White that the fluid he tested at the place alleged 

 in the indictment was first, milk, and, second, that it was adulterated 

 by water, they must acquit the defendant." That I will charge, 

 gentlemen, it is substantially what I charged I think. " Fourth 

 That unless the jury are satisfied beyond any reasonable doubt that 

 at the time of testing the fluid found at the defendant's place of 

 business, he [Dr. White] was qualified, by the evidence of his senses 

 and the test with the lactometer and thermometer, to determine that 

 said fluid was milk adulterated with water, they must acquit the 

 defendant." I will charge that because I suppose he had as good 

 eyes and as acute smell and taste : we have got to assume that, I sup- 

 pose. " Fifth That unless you are satisfied that the method adopted 



