such case made and provided, and against the peace of the People of the State of New York and their dignity.

And the said Daniel Schrumpf afterwards, to wit, on the first day of December, in the year of our Lord one thousand eight hundred and seventy-six, at the place last mentioned, before the said Justice above named, came in his own proper person, and being brought to the bar here in his own proper person, and arraigned upon the said indictment, and having heard the said indictment read, and being asked whether he demanded a trial upon the said indictment, answers that he does require a trial thereon, and says that he is not guilty thereof; and thereupon for good and ill is put upon the county.

And Benjamin K. Phelps, Esquire, District Attorney for the City and County of New York, who prosecutes for the People of the said State of New York, in their behalf doth the like.

And afterwards, to wit, at a Court of General Sessions of the Peace held in and for the said City and County of New York, at the City Hall of the said city, on the twenty-eighth day of December, in the year of our Lord one thousand eight hundred and seventy-six, before Josiah Sutherland, Esquire, City Judge of the City of New York, and Justice of said Court, comes the said Daniel Schrumpf and the said Benjamin K. Phelps, Esquire, District Attorney, likewise comes. Therefore let a Jury thereupon immediately come before the Justice last above mentioned, of free and lawful men of the said city and county, each of whom hath, etc., by whom the truth of the matter may be better known, and who are not of kin to the said Daniel Schrumpf, to recognize upon their oath whether the said Daniel Schrumpf be guilty of the misdemeanor in the indictment aforesaid, above specified, or not guilty.

And the Jurors of the said Jury, by William C. Conner, Esquire, Sheriff of the City and County of New York, for this purpose empanneled, and returned, to wit:

John Murphy, John A. King, Jr., John Carey, Jr., James McDermott, John P. Winthrop, Isidor Busch, Thomas C. Lyon, George S. Lester, Adam Brautigam, Emil Mayer, John Haug, Henry Morrison, who, being called, come; and who being then and there elected, tried, and sworn well and truly to try and true deliverance make between the People of the State of New York and the said Daniel Schrumpf,

then at the bar, whom they should have in charge upon the said indictment, and a true verdict give according to evidence, who, upon their oath aforesaid, say that the said Daniel Schrumpf is guilty of the misdemeanor charged in the second count of the indictment aforesaid, above alleged against him.

And afterwards, at the same session of the said Court, the said Daniel Schrumpf came in his own proper person here before the Justice last above named, and moved that judgment upon the verdict aforesaid be arrested, and thereupon the Court overruled and denied the same.

And upon this it is demanded of the said Daniel Schrumpf, whether he hath or knoweth anything to say wherefore said Justice here ought not, upon the premises and verdict aforesaid, to proceed to judgment against him, who nothing further saith, unless as before he has said. Whereupon all and singular the premises being seen, and by the same Justice here fully understood, it is considered, ordered, and adjudged by the said Justice that the said Daniel Schrumpf, for the misdemeanor aforesaid, be imprisoned in the city prison of the City of New York for the term of ten days, and pay a fine of two hundred and fifty dollars, and to stand committed until said fine be paid.

[Judgment affirmed by the General Term of the Supreme Court, First Department, April Term, 1878. See 14 Hun R. (S. C. R., 21), p. 10.]

APPENDIX.

I. THE LACTOMETER.

1. The lactometer is a hydrometer which indicates specific gravities between 1.000, the gravity of water, and 1.0348.

2. It is used to determine the specific gravity

of the milk.

3. As the specific gravity varies with the temperature, the observations are made at a standard temperature of 60° Fahr.

4. The specific gravity of the average milk at a milking of a healthy cow, properly fed and in a normal condition, varies from 1.029 to 1.0348. The former number being the lowest or minimum gravity, 100° is placed at this point on the lactometer; 0° is placed at 1.000, the gravity of water; the intervening space is divided into 100°, and the graduations are continued to 120°, which corresponds to the specific gravity 1.0348.

5. To apply the lactometer, the temperature of the milk is first noted with the aid of the thermometer; the lactometer is then carefully inserted, taking pains to avoid wetting the portion of the stem above the milk, and to free the surface of the milk from foam. The degree to which the instrument sinks is then noted. Bearing in mind the effect of temperature on the gravity, the inspector now decides whether the gravity will probably be below 100° at 60° Fahr. If he thinks it will, he carefully cools or warms a sample of the milk, as the case may require, to 60° Fahr., and again inserts the lactometer. If it stands below 100°, the gravity

is below that of any genuine milk. He carefully notices the consistence to determine whether he has before him a sample of thin watered milk or a sample of thick cream. The black background of

the shot in the lower bulb enables the inspector, as the milk runs off the lactometer, to judge of its consistence. The color is also noted, as well as the odor and taste. Low specific gravity (below 100° 1.029), together with abnormal watery consistence, and a watery taste, establish the fact of adulteration by water, which is the most common form of adulteration, because the simplest and most convenient.

=

If the specific gravity be above 100°, it does not follow that the milk is pure and unadulterated. Skimming, by removing the lighter cream, increases the gravity of the milk; so skimmed milk is heavy; but it appears at the same time very thin, and the inspector's attention will be at once arrested by the inconsistency of high gravity and a watery character. In this, as in other cases where the inspector suspects adulteration of any kind which cannot be proved by the above-mentioned tests of gravity, consistence, color, and taste, he is instructed to take a sample for further examination by the cream test, chemical analysis, and the microscope.