grees? A. I know the general principles that all hydrometers should be so graduated for it is so laid down in the books. Q. Is it not true that the difference between each degree and the next degree is one 55000th of an inch on the lactometer? A. I have simply had the lactometer of the Board of Health in my hand here; I do not know, I have never measured it. Q. Can you say that there is no difference on the Board of Health lactometer? A. Neither one nor the other. Q. Can you say it is not? A. No, sir, I cannot say it is not; the gradations seem to be very close. Q. But you cannot say? A. No, sir. Q. Now, sir, how came you to go to Mulford's and Clark's farms? A. I was requested to do so by my father. Q. How were those farms designated to you or to him, if you know? A. I went up to Port Jervis and had found out where Mulford's farm was; I had no positive direction; they were in the neighborhood of Port Jervis, I was told to go to Charles Mulford's. Q. Were you told to go to Clark's too? A. Yes, sir; Charles Clark; I had to hunt them up; my father did not know where they were. Q. Now, sir, will you turn to your notes and tell me if there is not rather an extraordinary resemblance between the analysis of the Bob-tailed cow and the analysis of the Black cow's milk? A. If it is so stated I believe those are correct; those analyses were very carefully made. Q. I ask you, as a chemist, whether it does not present rather an extraordinary resemblance. A. You refer to the Black cow? Q. And the Bob-tailed cow, both, both of which milks you analyzed? A. You mean the Black cow analyzed this year; yes, sir, there is quite a striking resemblance; the amount of water is in both the same. Q. And in other particulars? A. Yes, sir, very little fat, very poor milk. By Mr. WAEHNER: Q. Does not this also occur in Watts' book? (Objected to; objection sustained.) Q. Had those various samples of milk which you discovered had decreased in gravity or changed in gravity, undergone fermentation at the time when you tested them? A. They had not to the eye or to the test of paper; they poured exactly as if they were good milk. Q. Now how long were they kept before they were re-examined; how long after they were obtained? A. I think only a day; perhaps a day and a half. Q. At what temperature? A. Below 60; they were kept in icewater, well corked and sealed, that no water should get in. DANIEL SCHRUMPF, sworn and examined through the interpreter, testified as follows: By Mr. WAEHNER: Q. You are the defendant in this case? A. Yes, sir. Q. How long have you been in that business? A. Seventeen years. Q. On the 25th of August last, tell me what took place at your store? A. A professor, a milk inspector, came in, I do not know his name, and asked for a cup of milk and tested it; then he showed his authority of his being an officer of the Board of Health and that he intended to inspect the milk; then he inspected the milk and said the milk was weighing ninety degrees, and that he intended to enter a complaint against me. Q. Where was the milk when he tested it with the lactometer? A. The milk was in the ice-box; he took it from the ice-box; he took a sample from it. Q. Well, what did he do with your sample? A. He immersed the scale into the sample. Q. Into what did he put this sample of milk? A. In a glass. Q. Did he taste the milk at all while it was in the milk can? A. No, he did not. Q. Did he warm or cool the milk when it came out? A. He did not do anything else but weigh it after he took it from the ice-box. Q. Did he insert a thermometer into this glass tube which he had? A. He had two instruments; I do not know what they were. Q. Did he put them into the glass? A. Yes, sir; he did. Q. Did he tell you what degree the thermometer was at? A. No, he did not. Q. Did Dr. White say anything to you at what degree the lactometer stood? A. We did not quite agree; I saw that it was 90 and he said it was only 85. Q. Now, Mr. Schrumpf, did you put any water into this milk, or put anything in it whatever after you received it? A. No. Q. From whom and when did you receive it? A. On the 25th day of August, from my son. Q. When and what time of day was it you received it? A. One part of it about five o'clock in the morning, and another part between nine and ten. Q. Now in either of these quantities of milk received by you you put any water or any other substance into it? A. No. did Q. Now from the time that you received the milk up to the time that Dr. White inspected it who had access to it? A. Nobody but myself. Q. Have you ever been charged before with selling adulterated milk? 4. Never in seventeen years. Cross-examined by MR. PRENTICE : Q. Did you talk any English with Dr. White? A. I understand a good deal but he cannot talk, and he talked with me in English as much as he could (Court Interpreter). Q. Did you speak to Dr. White in English? A. I spoke to him as much as I could in English. Q. Can you talk English at all? A. He says he was not schooled in English. Q. You have now understood my questions without the use of the interpreter, haven't you, Mr. Schrumpf? This milk was in a large can in the ice-box, was it not? A. Yes, sir. Q. And it was taken from that large can in the ice-box to be tested by the inspector, Dr. White? A. Yes, sir. Q. How much was there in the can? A. About 25 or 30 quarts. Q. Mr. Schrumpf, you read the lactometer yourself, didn't you, the degree? A. Yes, sir, I did see it. Q. You have had your milk tested before by inspectors, have you not? A. Yes, sir. Q. How many times? (Objected to as immaterial.) A. Only once before. Q. When was that-it was before this time? A. Yes, sir, before this time, over a year ago. Q. And did he read the degree on the lactometer at that time? (Objected to as immaterial; objection sustained.) By Mr. WAEHNER-Q. Are you in the wholesale milk business? A. I used four cans a day, forty quarts each. JACOB SCHRUMPF, sworn and examined by Mr. WAEHNER, testified: Q. Mr. Schrumpf, you are the son of the defendant here? A. Yes, sir. Q. Where did you obtain this milk that you delivered to your father upon the 25th of August? A. I got it up at the 48th street depot. Q. Did you during the time that that milk was in your possession that day put any water in it or adulterate it in any way? A. I did not. Q. Had any person access to that milk or have it in charge during that time up to the time you delivered it to your father but yourself? A. No, sir. JOHN H. COMER, sworn and examined by Mr. LAWRENCE, testified as follows: Q. Where do you live, Mr. Comer? A. Goshen, Orange county, New York. Q. And you do business in this city? A. I do, sir. Q. What is your business? A. I am a practical farmer and in this city I am an expert accountant. Q. Are you connected with the sale of milk? A. No, sir. Q. Have you formerly been largely connected with the sale of milk in this city? A. Yes, sir, to a moderate extent. Q. How long have you been familiar with practical farming? A. Well, sir, I was brought up on a farm when I was a boy and then resumed it again some six or eight years ago. Q. Are you acquainted with the use of the instrument called the lactometer? A. Yes, sir. Q. Have you used it yourself? A. I have. Q. Within what period? A. Constantly, or not constantly, but at intervals during the past five or six years. Q. How often have you used it? A. I could not answer that question; a large number of times. Q. You used it as a test for milk? A. Yes, sir. Q. What is your opinion of the lactometer as a test for milk? (Objected to; objection sustained.) Q. How long have you kept and raised cows? A. For the past six years. Q. How long were you engaged in selling milk? A. I should think in the neighborhood of three years, perhaps a little more. Q. About what quantity did you sell daily during that time? A. I commenced with selling four or five hundred quarts and ran up to two thousand. Q. When did you first begin to use the lactometer? A. About six years ago I should think, sir. Q. Now, sir, in what way did you use that, and for what purpose? A. For testing milk to see what results would follow-to see whether I could tell anything about it. Q. Well, sir, describe your manner of making tests? A. I would take the milk, for instance, from a single cow and cool it down to a point of 60 and then very carefully put in the lactometer and note the result. Q. How many times have you done that? A. Well, sir, I do not know; a great many times; I could not say how many times. Q. Do you think you have done it upwards of one hundred times? A. Yes, sir; I should think fully that. Q. With different cows? A. Different cows. By the COURT-Q. Do you mean you tested milk of different cows-the milk that you saw milked from the cows? A. Yes, sir. Q. Did you test milk coming from New York? A. I have done both. Q. Where did you get the lactometer? A. I had one that was |