8 



from the "Hack cow" I do not call the sample with which it 

 was associated, from the " bob-tailed cow" samples of milk. Mr. 

 Charles Doremus told you here that these two samples were 

 similar and alike in their constituents. I call these no samples, 

 except for them ; but, even if you propose to admit them, put 

 them in with all the milk, as they wish them put into the milk 

 supply of New York. Remember this " rule of three " which 

 belongs to their model herd. It takes eight cows of theirs to 

 make twelve pints of milk. Now, put their milk into a can 

 of mixed milk of forty quarts, the can of the commercial 

 milk that comes to this city, take these two samples in such 

 a can of milk, determine then its average, and see whether 

 there is a possibility that this defendant, taking all averages 

 and including all errors, had any milk except watered milk. 

 Now one word as to this distinguished gentleman, the prisoner 

 at the bar. He has come before you chivalrously, and glorified 

 by the distinction of representing and defending what some 

 would appear to call a good act, the watering of milk. He has 

 said to you that his milk had been inspected before. He knew 

 the test when the inspector came to his shop, and he read the 

 lactometer ; he even discussed with the inspector whether the 

 proper degree on the lactometer was 85 or 90. He said it was 

 90, so that he knew the test. Now he comes to the stand and 

 says, " I did not do it ; my son did not do it ; " but, mark it, 

 gentlemen, the defendant does not say he did not know that 

 milk was watered, for he did know that it was watered ; there is 

 not a milkman in this city who would not have known that that 

 milk was watered. I do not believe a discussion from books, a 

 discussion of opinions, or any discussion on the lactometer, or 

 the hydrometer, or the other ometers with tediously long names 

 of which we have heard, will withdraw from your observation 

 the fact that this man, by all the evidence in this case, is show r n 

 to have had for sale watered milk, and to have known it. But 

 I do not care whether he knew it or not; the question is, did he 

 violate the law? He has been in this business seventeen years. 

 I am not discussing his moral innocence ; there is no question 

 of that kind in this case. There is no pretense in this case that 



