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that it is. This is an offence which touches the important rela- 

 tions of life, to which I have called jour attention one that 

 bears immediately upon this question of the reduction of the rate 

 of mortality among infants. And I may say if this be a test 

 case, it is one that is to increase or diminish the rate of mortality 

 of the one hundred and thirty thousand infants in this great city. 

 Leaving that," I say that upon the evidence which you will have 

 to discuss, these several propositions have been demonstrated : 

 1st. That there is a standard for New York milk. Place it where 

 you like, gentlemen. If you do not accept this 1.029, still my 

 proposition is that there is a standard, though the defence denies 

 it. 2d. That 1.029 or its equivalent 100 on the lactometer of the 

 Board of Health, is practical, and it is the only safe standard for 

 the city of New York, otherwise you incur great dangers and 

 great risks. 3d. That the lactometer correctly determines the 

 specific gravity, and in determining the specific gravity upon 

 this standard, determines the question of adulteration by water. 

 4th. That the milk dealers must be presumed and held to know 

 the article they are selling, just as the baker knows his bread, 

 and the butcher knows his meat. So the milkmen ought to 

 know the article they are selling, at so great a profit, to the 

 people. 5th. That Schrumpf's milk on this day in August was 

 watered, and watered far below the safe standard, and far below 

 any possibility of error in his detection. 6th. That the defen- 

 dant's milk was watered at least 15 per cent., and thus adulter- 

 ated, offered by him for sale, against the law and ordinance. 

 7th. That Schruinpf is guilty, and whether we find him guilty 

 knowingly or not, he is guilty of selling adulterated milk. 



Now one word, gen tie men, and I will detain you no longer. 

 I ask you to consider the parties to this litigation. On the one 

 side you have public officers charged as I said before upon their 

 oaths to discharge this duty of protecting the health of the city 

 of New York. Upon so important a question, they have given 

 evidence after careful preparation, testimony of distinguished 

 scientific men, and evidence of the methods of detection adopted 

 all over the world where such necessity arises for such tests and 

 such action. They have concealed nothing. You have had the 



