The New York herald., 1850-12-25

purs mtihthat deiendsng "a pressed h8 apprehension
that city milk we're iu the habit OF frnsh sFI
mk aud that plir rif sa'd lie sOLd noe send au ar.
tiee q that snd that deien dh tbeu remark "A that
hs tplAihth) would Dot allas hi "a 20 Furnish
soaohmk OF tas quality he ltc Gsft no re1 aired
ahicn he plain tlN rspigu. would rive a
ali nis oLher oastoms ~ and deliver t. hon
alone as Is the substsnee Of ths vtssss tsstifnony;
but II s said Ia hd1tion which ig T.ty IN
the pldincn az the rine gave idea that his milk
caIos ncross tbe Harlem c.sT au1 tha hs ke pt mas
ia Mestcbester county, whilst It appeart That he
kert them all along at the corner OF the renth
The coloI-i man testifes 20 tho same effect Ussays
the plaintiff told Mrs. Howard hs would ilirnsh the
beat Of country nk, that ais cattle led on grass
in summer and on hay and grain IN winter and that
Mrs Howard said ~ the time they would a. sio
milk; that nothing but pure grass milk would answer
Ih1s sFtot nee is again supported BY the declarations
made by the painti the servants % an other
during the time he DELIVERING the rak: aud
about the time NJ eesn.d "a deliver g. ha told striker
that he al bis eows ia Westchestar a. , told nj
the number OF men he employed 90 mik and care
them Fbia Testimony Il important, striker is TO D,
hsiieyao ne the piainsid must have made repre-
SeEr1tiops 10 o.eeivs Mr Ho~s4d, ice4 lent COM
pisints OF the quality o. the mlla utsds and he
made various excuses Tor &c such rh 20 soured
tnbIner storm. ana that the grass short &c it
aho sfpears mat no made Jhs sIne representations
and excuses TO Mrs Bremen, sud that Mrs Howard
compi7a.5 that mis- milk vas Of an inieisr quSIisy
ne atnrC e, ana insisted that y IN. pnre
milk opon which Mrs Howard Ssld that n Acc bus
baad found out that il wa rlog milk he would iu,-
me stely discharke him These gentenen are all i'm
port ant c:I cuntspcts. IT true, there end
Of TIA case; hnt still they Questions of credbity
Gentlemen m has been sugs.s, ed that thsr. might
have been private agreement between ths plaintiff
and o.feudant as 10 the character of tbs milk be
delse rad anu that thsse representations MADE
10 deceivs the servants and the public / refer to
this sus geston rs defendant keeps OF the largest
houses in this country wherea OF people
stop; and IL such story true, ani It went
sbr.ad "onId be or turious consequence TO de-
fDdaDt Gentlemen the facts Of Toe case negative
that charge IL appears that def eudsnt msde
ut with Rieer before for puIe milk for which
he paid the price as he paid plantr; and that
after he ceased taking the utk from plaintiff he again
entered into u contract with Rider and pald him ths
price and these facts strip the case of all mo-
tves the part OF the defe ndsnt for the purpose
deceivipg the servants or the public; ard in that
the plaintiff stands here max the charge for
sone purposes OF his own. Nov gentlemen, you TO
cay shether there contract TO furnish pure
try milk iftbere was the paint csnnot recover this
action IL was also proved by witnesstbst r Howard
admitted he knew where pGintin Kept his COWS, bu.
that evidence was rendered nmaterial by question
put to the witness on his cross.examination, that
alter Mr. Howard had found out that tact hs ceased
to receive the milk 1t has also been proved by Miss
Reilly that Mrs. Howard knew that the milk caMe
fren stable but the question ia whether her evil
denee is not oyerbslsnc.d oy the testimony sdducei
the part of the defendant She also testihes to two
cohv.rsations but in that she is slso contradcted
BY the deie ndants witnesses. But TO return 70
the evidence offered to show that the milk
but that II may also be I'M 10 health IN respect
to the condition In which the ooss were kept the dec
tors wtC have been examined sll agree. It appears
fro 0@ir testimony that from 900 10 500 kept
IN stable at the corner OF the Tenth aad Six.
te.nth street; that during the summer mon MS the
stable and yards hot that the rmsll them
IL Offensive; the cows are TIED in stalls wooden
HoOr in back bac sud fed this sgil the
mains Of the material IRON which whiskey IL distilled
tsrrel day 10 allowed to each coz, together WITH
small quantity Of hay but which IL has been said they
cannot eat In contequsnoe Of their teeth d-osying
rom the constant use OF tho hot liquor; that when
they put into this stable they mover let
OUT that th.r lang. other parts OF rhs BODY are
affected by the confinement hnd food sell by the
dirt in which they are kept. Another ~irasss slso
states that when they taken cut TO be
the smell is 80 bad that they can be detected at
great distance. snd that in the butchsr's stal
the meat fed swi can b. distinguished from other
meat. DIR Goroiner. one OF be WITNESSES says that
cattle led svin give great qusntity OF milk but
hat they become bloated, put fa aud De-
cone diseased HE testimony is somewhat qaaiihed
by the testimony o. two oi ia. plaintiffs Witnesses.
The hutehsr who has treu sxsminsd % the part OF
the plaintiff suears lac has killed number OF cattle
led ON s~ili, and ,hat ths meat was go.d Doctor
GsrsiDer slt- that the nutritious qualify Of tho
milk 10 lessened aud that, ia addition, az produces
dheases particularly oDgst shidren 1t Is serJ aps
TO produces cholera nantum. oonsumptieD. ana -sh-r
dises,ss his Honor then remarked hat II this nois
OF keeping cattle Was productive Oi the DVmSsr u
diseases testified TO By the Doctors public crime
has ben perpstrated on this community which
calls loudly Tor the Intervention Of the public
II oiti.s end for punish OF tho.s Who have
erperaed IT. for be true that disease the rsst
Of his mode OF keeping aud feeding cattle aud thas
such quantities OF mix are daily distributed ataOnsf.
the otizsns rom cattle led and of course dseassd
MIR Hovsfd Ia entitled 70 the tA>Eks OK TIE oitiEens
'or exposing this fraud the community. Juigs !
ally then called the attention of the jury 70 ths svi
d. nee Of the cbsmist. who auGy zsd the swill milk
ointso cut the Difference between IL anu tas pure
milk. lie next called their attention 70 the testnouy
Of the witnesses who proved the val OF plsinSid sk
and told the jury that ren the whole uf tbs cHd
th,y TO hn the value OF the ullk delivered for
the II days Tor which the plantg claims, and when
they have decised that then the question ars,s
u the MILK delivered WAS OF an inieTior quality |
700 will obf.rye, said he that ID January tee
plairt wac made ana up the tins no Was d mi,aod
In Octsb.r fsilowing' which was about nlne months
turing this time he paid Sl54s snd ~ the sit-
tstsAys it not gOttn thrse4Ed shst cens, then
The excess he defendant paid much mors than tho
nmCSDg fer witch this action ts brought, aud plain
10 ought not 20 In thir suit lie then told 4
ths Jury Rat II tiact entered ihtD bet seen
the I8Tiss and not fulfilled b. tbs plAintia defend
Abt Wtuld have risht 70 debut f'r The injury
tAiped; but ~ there Nsa Gsnage proved Ia this I
case it would bs ifhcut Tor them 10 calculate n,
e dan age 20 be awarded saG upOu th.s point
BE- w.ud leave il TO themrslses n then saif that's
re mpr nise had been alluded 20 in th- pr.gress Of
the trial and that arendaut o,rei to ray Slle. IL
IL said u be very Improper Tor Jlry 90 taAe oircui
~ that End INTO cruFlttbton, betsufs men
Urgently iBduetd to uay Whist they are uUt bDuad
h. Vay sooBer than incur tbe Iirk q lsE cut and /
therefore msn's rights are o. b. Judged % - an
ofs of that hind Deter daIts glts TO De judged
by the sriGencs lone Tie whole q1estion Therefore.
sfoY,s itself into the estimate sl maka q th8
value Of the milk iruIs the na tne complii4tB were
ado until the plaintiff crafei 60 furrish 70 and [
u ytu o. opinion that IN tns $500 do,iarg 20
reived hy FlsiEtif be was pai1 AZ excess Of 500,
then he cannot recover
The jury then retired sud fc0a after brtuEbt Ia a
verdict for defendant