6 



the liberty which he claims, about which his counsel has been so 

 anxious. The liberty of what ? The liberty of pursuing a dis- 

 honest trade, the liberty of evil doing. I tell you, gentlemen, 

 that your verdict in this case will establish or condemn the re- 

 strictions upon that liberty, for whose establishment and regula- 

 tion our government is constituted ; it is a liberty conformable 

 to law. 



Now the history of the litigation in milk cases is important. 

 You have had constantly presented to you the first trial of such 

 a case, when these same learned counsel and these same scientific 

 gentlemen arrayed for the defence appeared. The prosecution, 

 as represented in this case, did not have at that time the oppor- 

 tunity to make the same defence as in subsequent cases. They 

 did not then show that they had arrived at the test which is pro- 

 duced for your judgment in this case. They had to wait until 

 this case was tried, until the instructions of more than a year had 

 been had, in the learned talk, in the learned lectures of how milk 

 may be adulterated to escape the lactometer, and in the frequent 

 defences instituted in prosecutions by the Board of Health, by 

 these learned gentlemen, until the inspections of milk had been 

 tried by the experience gained in these contests. These public 

 officers who now prosecute, come before you to say we have now 

 arrived, by our experience, by this very instruction from the 

 milkmen's counsel, by the very instruction received from Dr. 

 Doremus, at a test which will stand scrutiny, and we submit it 

 to you. Now, gentlemen, what is this test ? In the first place 

 every witness that has been before you, has agreed that a man 

 may know milk ; he will be able to test milk and be an expert in 

 milk inspection. You know there are experts of great skill in 

 many trades and in many commodities. In the case of testing 

 milk, a man who has experience will mark defects in it that will 

 pass your eyes and mine. You are able to judge whether these 

 inspectors have experience in judging milk. The witness for the 

 defence, Dr. Yaughan, could distinguish the quality of milk 

 because, as he says, he is " accustomed to handling it." Could 

 Drs. White and O'Connor not test it? But it will be said by 

 the defence, we presented a bottle containing a fluid which they 



