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one, though fed on oat straw, did get a little hay. Fortunately, 

 young Doremns visited the place, and he saw her eat hay. You 

 were told by other witnesses how he took hay and gave it to her, 

 and then came into court and swore she fed on hay. Is that fair, 

 is that honest ? I need not go back to discuss all this evidence. 

 I think I need not discuss much longer the facts. I say that 

 there are no facts upon which you can find a verdict for the de- 

 fendant, as I believe. It may be, and I am bound to admit, 

 looking at it from one side of the question, that there may be 

 some things which have escaped my observation, but this thing 

 has not escaped my observation. Where there is a fabrication 

 or falsification of evidence, it is one of the earliest principles in- 

 stilled into the mind of every professional man, of every man who 

 follows that profession in which I glory, which I believe is of 

 the highest honor, and governed by a rule of honor permitting 

 no deception either by inference or by suggestion, it is one of the 

 earliest principles, I repeat, instilled into the mind of the law 

 student on the subject of evidence, that any falsification of evi- 

 dence, or any fabrication of it, stamps the whole case. Now, if 

 you should excuse the defendant, if you should find he was not 

 guilty but I do not see how that is possible yet if you should 

 so find, you would establish a standard for the city of New York 

 from this fraud, and a standard of milk from this Doremus herd 

 of cows. It comes to j ust that. The famous " number 3 cow," 

 spoken of by the defence in this case, is the standard of milk for 

 New York which they seek by your verdict. Now the lactome- 

 ter we have offered you as a test for nothing except the specific 

 gravity, and we have said that commercial milk must stand at 

 100 on the lactometer. I think it has been proved to you that 

 no possible variation of fifteen degrees could occur even on their 

 hypothesis. You will remember that it was probably 25 per 

 cent, of water which was put into the defendant's milk. It is 

 not the lactometer alone that determines the adulteration, but 

 with it the observation of the expert. He knew that the milk 

 was watered before he tried the lactometer. You have been 

 shown three tests, and they all agreed. Yes, you have had one 

 further test, viz., that of the evidence that the defendant knew 



