The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-12-19
DEALERS IN MILK ON TRIAL
THE HEdLTH COMUiSSTONF EN-
FORGING SiNiTIRT LtIY.
The Dealers Pleading Their Ignorance Of the
Qnnlitv Of The MiIk Thcv IIonniit to I,cinil

The Dealers Pleading Their Ignorance Of the
QUALITY Of the Niiis rhcy Bouaiit IN Retail
Extent OF Aduiicraiion In TNo Cities.
The tall frame that was to support the
stretched white cotton upon which lactometcrs
were to he traced, was held up near the bench
in the General Sessions Court room yesterday
throughout the latter part Of the second trial Of
Charles Il. Beckwith. Near It were President
Chandler, " the Board OF Health; Prof. Bar,er,
formerly OF Yale College; Prof. Morton, Of the
Stevens Institute; Prof. sillman, and DR..
Waller, Of the Columbia College School q
Mines. These gentlemen were waiting to testify
to the trustworthncss OF the lactometer, and
the correctness Of the tests made with it by the
agents Of the Board OF lie I'm. The courts cal
endar was burdened with the names of thirty
milk dealers, who, on the lactometer's showing,
were accused Of selling adulteratcd milk, their
of nee being technically a hisdemeanor
Charles Frost OF 25i Madison street was first
called. He appeared promptly dark, arayish-
haired and whiskered man, merry ously dependent
upOn his counsel as that parsonage announced
that his client pleaded guilty Of selling adu-
teratcd milk that had been purchased OF muk
vender, and without knowledge Of its adultera-
tlon.
"Ihnt is a special plea' said Judge Sutnor-
land, and cannot accept IL. Your client
Toe LAWYER said that his client did so plead
ana Judge Sutherland sentenced Frost to pay
three months in default OF payment. Frost paid
the Inc aud released.
Counsellor Lawrence said that he and Coun-
selior WAGNER. as counsel for most OF the ac-
cused milk dealers. desired that the case Of
Daniel schrumuf Of 2U6 Avenue 49, with which
they were familiar, should be called. IL WAS
called, and a jury was impancileu. Assistant
District Attorney Rollins. having introduced
,ssrs VIM. 7. Ptcaticc and Geo. 5. Hastings,
If
said that Schrumif hid violated section lc6 uf
tue sanitary code Of the 30 ri OF Health which
provides, substantially, tuut milk THAT has been
changed IN ANY dcerce by tue aduixture Of
water. or by the removal OF cream, shall not be
offered for sale ia thi, cry. The violation, ac-
cordinA 10 the statutes, IS misdomoanor.
Counsellor Wtehner said that the Indictment
charges Schrumpf with two distinct stltut Nv
onrnces "a violation OF IN act OF 1854, and an m
frugement u the sanitary code OF tue Board Ut
he.ith. 1t Is also detective IA not setuDg forth
distinctly the nudi ~ of the G.Aud Jury. There
fore no moved That 1t be quasned.
jude SUTHERLAND declined 20 quasi.
Counsel or " at inner then a. ked that the prose-
cuuon ue pat to their election OF the count upon
which they would try Schrumaf.
Judge sutherland declined to compel the
prosecution to eject a count.
Counsellor WAGNER next said That the ac' II
lr,d, which created tne Boaru Of Health. en-
powered It to make ordinances for the benefit
Of the health OF the ciu1eus OF this city; tutlt
conditioned that these ordinances should to
pstli-heu. In 1861 the Legislature provided that
Thereafter all ordinances OF tue 80 rd OF neaith
should tie published, and IA les substantially
tue same proyislon WAS incluusd In the Guy
charter. In the review at the case Of a man Whl
Was i.unu guilty II an infringement OF nu ordi-
nee u tn. 80 rd Of Health OF Orleans county.
A. was decided that the lack IN tbe indictment
uf an aNerment of the publication Of tue urIi-
nance WAS Iatl detect. The indictment
AZ inst Scurumaf has THIS defect. He moved
that u ue set aside.
Counsellor PRENTICE said IT has been decided
that she lack Of an avcrmcnt ot ruuli,attuh
~ q defence, but that the decision extends NJ
further. lie tcit bound 10 prove tle fuuuci-
ton, according tu law, In tie CUy Record, tue
unlciai Jnur4 o IN this citg.
Judge Suthetldnl ruled that. rs tne counsel a.
the Board ut Itraith acknowledged the unlN So
uruNc tue publication ~ section led, L, 4usCi lur
Nasuu,f'- muIiou Was iuadmis-iuie.
Connection Hastings. addrt --iuE the Jury, g aid
int ; ..rimrt = cans 81 nilk contained. ace
cur,liug 10 tie lactomete-. one-slx % o. wafct.
IL !, Of Nasf iuI luce tn 90 the ldulf,rltlun
ui food, and tfarCi.iy Il % staple article nf
nOufisument ike mtlN. should be stOppct, and
tne adLittsdturs tuulsucd. In It's cndcAVor- to
do uotn these think. the Board Of lie lt1 as
evidently had the sNupat tetir support q fhs
court, the press and The puuilc. Olt OF ID
ONuoJ OF quarts ui fluids annually sold in tnis
clty and BROOKLYN AS milk, there bave hitherto
been At least 4OOOQ.oV0 quarts Of water. -Four
millions ~ dollars has, therefore, been annu-
ally pad for water.
the certificate of Col. Emmons Clark. : ere
tary 20 a.. 49, ~ u Health, To tue autneuurilg
Of tle section ~ printed, was nIcd, anu tuv
CO lt az O.Iutu.