3 



greatly mistaken, the Court will say to you that it has simply 

 dismissed one count of the indictment; that there are two 

 counts, and they embrace the same offence, but as to the moral 

 guilt or innocence of the defendant, this will be for you to de- 

 termine. 



The Court. -The Legislature had constitutional power to au- 

 thorize the Board of Health to pass the ordinance which I read 

 to the jury, and to declare a violation of it a misdemeanor. 

 There is no question of morality in the case; that question has 

 long been settled in similar cases brought under acts of Parlia- 

 ment. 



Mr. PRENTICE. It seems to me, in deciding whether or not the 

 prisoner has been guilty, you will have settled a question of 

 great importance. Remember, gentlemen, that you sit in this 

 place representing the community in which you live. You are 

 the people. You are those for whom these ordinances were 

 made, and the public officers in this case are but your representa- 

 tives and your servants. It will remain to be found and decided 

 whether you shall approve of the action that has been taken for 

 the best interests of the people of New York, or whether you 

 shall accept the result that is proposed to you by the defence, 

 whether you will sweep away all safeguards, take away all lim- 

 its, and leave the clients of these gentlemen, whether you will 

 leave this class in the community to pursue a trade, whose in- 

 juries are well known, without any restriction by law or in 

 courts of justice. Now the vastness of this question may excuse 

 to you the length of the trial and the delay in bringing it to a 

 conclusion. It appears that the daily milk supply of New York 

 embraces a hundred and fifty thousand quarts by the Erie rail- 

 road, thirty-six thousand quarts by the Midland railroad. 



MR. LAWRENCE. This is not evidence. 



MR. PRENTICE. It is an official document. 



The Court. Strictly speaking that is not in evidence. 



MR. PRENTICE. Gentlemen of the jury, in my opinion, which 

 I believe is founded upon sufficiently accurate facts, there is 

 brought into the city of New York about 400,000 quarts of milk 

 a day, and to that quantity at least 100,000 quarts of water are 



