268 VEEDICT. 



on this trial establishes that analysis can be made and would be 



the surest test. 



The COUKT I decline to charge that ; take your exception. 



COUNSEL Note an exception. 



A JUROR Have they a right to put ice in the milk to transport 



it that season of the year, August ? 



The COURT I have read you the law ; if the ice waters the 



milk- 

 Mr. WAEHNER The statute gives permission to do so ; they have 



a right to put ice in the milk. 

 Mr. PRENTICE No, sir. 



The jury retired, and after an absence of 45 minutes, returned with 

 the following verdict : Guilty of the offense as charged in the second 

 count of the indictment, and not guilty of the offense charged in the 

 first count oi the indictment. 



Mr. WAEHNER We ask your Honor to defer sentence in this 

 matter to give us an opportunity to argue a motion in arrest of 

 judgment. 



The COURT You may state any grounds you choose to have on 

 the record. 



Mr. WAEHNER We move an arrest of judgment upon the ground 

 that the indictment is defective in this : First. That it is defective 

 in joining substantially in one count two distinct offenses ; that the 

 second paragraph of the indictment, designated as the second count, 

 is defective in not alleging and stating a further and separate pre- 

 sentment by the Grand Jury of a distinct offence. Secondly. Upon 

 the ground that the indictment fails to state that the sanitary code 

 therein referred to is a code applicable to and governing the city of 

 New York ; that that code was confirmed as required by the act of 

 1873, the charter of 1873, section 82, by the new Board of Health 

 coming in office under that act, and that the original code of ordin- 

 ances are not alleged to have been published as required by law, 

 the act of 1866, and all the acts amendatory of it, the act of 1867, 

 and that it does not appear upon the face of the indictment that 

 the ordinance proven, namely, section 186, was adopted by the 

 Board of Health of the Health Department of the city of New 



