Q. Those tests which you made by the lactometer of fluid, did you know that to be milk? A. I assumed it to be milk, because of the parties from which it was bought

Q. You had no other knowledge except assumption on your part that the article which you tested with the lactometer was milk, have you? A. It was sold as milk.

Q. Answer my question; you had no other knowledge, except assumption on your part, that the article which you tested with the lactometer was milk; yes or no? A. It was sold as milk; that is all I know about it.

Q. Was that your only knowledge on that subject? A. The analysis proved that it was milk; the reactions, and so on.

Q. Then analysis, I suppose, according to your testimony, is a better method of ascertaining whether an article is milk than by testing with the lactometer and with the senses, is it not? A. It shows better whether there is milk; but, as the vital question

Q. Can you tell whether an article which looks like milk, tastes like milk, and to all the senses appears to be milk, which tested by the lactometer stands at 100 and the thermometer at 60, is milk? A. Not under all circumstances.

Q. Could you tell if such an article were presented to you in court whether it was milk? A. No, sir.

Q. Could you tell if an article were labeled milk whether it was milk? A. Just the same answer.

Q. Now suppose that you should find an article which looked like milk and to all the senses appeared to be milk and which answered to the lactometrical and thermometrical tests which I have described, in a grocery shop, would you assume it to be milk? A. If it was sold to me as milk, I would assume it.

Q. You would swear it was milk-would you give it as your scientific opinion that it was milk? A. Not without an examination.

By Mr. PRENTICE-Q. You have stated that you made two or three hundred tests with the lactometer? A. Yes, sir.

Q. Was there any instance in which the analysis did not confirm the test by the lactometer as regards the adulteration by water? (Objected to; objection overruled.)

A. In all those cases where I was sure that the lactometer had

been read correctly, in all those cases where I read it myself and was sure, the analysis proved the correctness of the reading of the lactometer.

Q. They agreed, did they? A. They agreed.

BY COUNSEL FOR DEFENDANT-Q. You used analysis for the purpose of verifying what you tested with the lactometer? A. I have used analysis because I was directed to do so.

Q. That is the only reason you did it, is it? A. Yes, that is the only reason.

JAMES C. JEPSON, sworn and examined by Mr. PRENTICE, testified as follows:

Q. You are a member of the police force of this city and have been for a number of years? A. Yes, I am.

Q. You were for several years connected with the Sanitary Squad of Police, were you? A. Yes, sir.

Q. You were detailed for milk inspections? A. Yes, sir.

Q. And you used the lactometer given you by the Board of 'Health? A. Yes, sir, I did.

Q. How long? A. A little over seventeen months, nearly eighteen months.

Q. You made tests in the country as well as in the city? A. Yes, sir.

Q. How many tests did you make?

(Objected to on the ground that witness is not an expert; objection overruled; exception.)

A. Do you mean in the country or in the city.
Q. In the city first and then in the country?

A. I suppose I

sampled about 10,000 cans of milk in the city of New York. Q. With what? A. The lactometer.

Q. And did you take the warmth, the degree of heat of the milk?

A. Not in all cases, in a great number of cases I did.

Q. And at what degree of heat? A. At 60 as a general thing.

Q. Before you went on this duty did you have any training in the use of these instruments, and if so where? A. Nothing more than that Dr. Chandler explained the instrument to me, how to use it, how to read it.

Q. Did you make experiments with him? A. Yes, sir. Q. Where; at the laboratory of the School of Mines? his house.

Q. How many tests did you make in the country?

COWS.

A. At

A. 109

Q. Did you see the milk taken from them? A. In most cases I saw the cows milked myself.

Q. In any of these cows that you saw milked of the 109 did the

milk fall below 100 on the lactometer? A. The lowest milk I found by the lactometer was 102.

Q. Were those on farms that sent milk to the city? were on milk dairy farms.

A. They

Q. Have you known the defendant Daniel Schrumpf? 4. I saw

the gentleman once at his place of business.

Q. You inspected his milk? A. I did once.

Q. When was that? A. I think it was in October, 1875.

Q. With the lactometer? A. Yes, sir.

Q. And the thermometer?

about that.

Q. What did you find?

A. No, sir; I won't be positive

(Objected to on the ground that the defendant is on trial for a specific offence.)

Mr. PRENTICE-I want to show that before this time the same inspection was made at his place in the same way.

The COURT-And the milk found to be watered?

COUNSEL Yes, sir; if the method was shown and if he followed it and was able to

The COURT-I admit that the question may present some difficulty; you probably have not had experience enough in criminal law to see how nice a one it is; I will rule out the evidence.

Cross-examined:

Q. What is your trade? A. Before I was on the Police ?
Q. Yes, sir? A. I am a currier by trade.

Q. You never have received a chemical education, have you? A. No, sir.

Q. When you visited Schrumpf's place in October, in 1875, did you have a thermometer with you? A. I did not.

Q. You say you have sampled 10,000 cans of milk with the lactometer; to about how many of those did you apply the thermometer? A. I should judge four or five thousand.

sir.

Q. I suppose that is the last four or five thousand?

A. Yes,

Q. Within how long a period did you sample all this milk? A. Nearly eighteen months.

Q. Was it all pure milk? A. I should judge not.

Q. I suppose you do not know whether it was pure milk or not? A. Nothing further than what the lactometer explained.

Q. You didn't see it milked? A. No, sir.

Q. When were you first instructed in the use of the thermometer in connection with the lactometer? A. I think it was in July, 1875.

Q. Mr. Jepson, can you state at what specific gravity the 100 mark of the lactometer you used stood? A. 1.029 by the hydro

meter.

not.

Q. Did you verify the lactometer that you used? A. I did

Q. Do you know this lactometer that you used to have been correct in specific gravity at any one point? A. So far as I was taught, no further.

Q. Do you know it to have been? A. Not of my own knowledge.

Q. Who did you get the lactometer from? A. Dr. Chandler.

you? A. Yes, sir.

Q. He gave it you?

By Mr. PRENTICE-Q. The President of the Board of Health? A. Yes, sir.

COUNSEL I move to strike out so much of this gentleman's testimony as relates to making tests of milk by means of the lactometer; that he sampled 10,000 cans of milk by the lactometer, on the ground that he is not an expert.

The COURT-I will decline to strike that out.

COUNSEL I except to that; I move to strike out so much of his evidence as relates to the tests of milk made by him with the lactometer that covers the country milk.

The COURT-I won't strike that out.
COUNSEL-I except to that.

JOSEPH A. GARDNER, sworn and examined by Mr. Prentice, testified as follows:

Q. Officer Gardner, you are a member of the Police Force of this city, are you? A. I am, sir.

Q. And you were for several years in the Sanitary Squad of Police ? A. I was.

Q. And were detailed for milk inspections? A. Yes, sir.

Q. And were provided with the lactometer by the Board of Health? A. I was.

.Q. And you had a thermometer from the Board of Health? A. I had, sir.

How many milk inspections did you make?

(Objected to on the ground that he is not an expert; question withdrawn.)

Q. Did you have any instruction or training in the use of the lactometer in the inspection of milk before you began that duty? A. I did, sir.

Q. Where? A. At Dr. Chandler's house and also at the Columbia College laboratory.

Q. Are you familiar with the inspection of milk in this city? (Objected to; objection overruled; exception.)

A. I am.

Q. Did you make any tests of cow's milk on dairy farms that send milk to the city?

(Same objection and exception.)

A. I did, sir.

Q. How many? A. About 110 different cows' milk.

Q. And did you take the temperature and try them with the Board of Health lactometer? A. I did, sir.

Q. What temperature? A. At 60 Fahr.

Q. And did you find any cow's milk that fell below 100 on the lactometer? A. Never.

Q. Not one? A. Not one.

Q. Were you with the last witness? A. He and I were together and seen the cows milked, and cooled, etc.

Q. Do you know the defendant, Daniel Schrumpf? A. I know his place; I am familiar with his countenance.