The Providence news. (Providence [R.I.]) 1891-1906, 1896-06-08
DOCTORED MILK.
Testimony Showing it Was
Deficient in Solids.
Mr.. Owen Raises Question of Con-
stituti0nallty of a Law.

One OF the cases that came up from the
lower court on an appeal to the common
pleas division OF the appellate court to-
day was a complaint against milk dealer
Charles A. Drown OF East Providence,
who is accused OF selling milk below the
standard. In the complaint Drown was
described as laborer and his counsel,
Il. Dew. O'Connor, asked the court to
discharge the defendant, as he held that
while the employment OF the man need
not be described in complaint, stiii=H
his. occupation was decrihed it must.be
properly done. The occupation of milk
dealer, Mr.. O'Connor described as a regE-
lar business, but Judge Wilbur overruied
the motion ana an exception was taken
TO his bonor's ruling.
Milk Inspector Potter testified that at
7:l0 on the morning OF Nov. 23, 1896, he
took samples from a can of milk in the
wagon of Drown on Camp street near
Doyle avenue. These samples he had
anaiyZed and found IL OF parts TO be
milk solids and 1898 fluid matter. In
answer 10 questions 'y Mr.. O'Connor he
testified that there bad been q typhoid
lever scare about the time the milk was
taken and that Mr.. Drown was driving
along in his wagon when first seen by
him. Since last August MIR. Potter stated
in reply 10 question from assistant city
solicitor Greenough. who conducted the
prosecution he had taken 800 samples of
milk.
DR.. Davenport of Boston, well known
chemist, testified that be had analysed
between. 100000 and 2O0 000 samples OF
milk. during mis- professional career, and
that he found the milk taken from
Drown 5 wagon 10 have but $50 per
cent. of solids. He thought water had
been ADDED TO the mix found in the de-
fendant's possession.
The law regulating the standard Of
milk declares milk 10 be adulterated that
has less tban IL per cent. solids and
more than SS per cent fluid. The above
were the only two witnesses examined
by the prosecution.
The defendant testified that when In
spector Potter took the milk from the
wagon he had got through peddling milk
for the dav and he had set this can aside
because, in taking one quart out of IL he
noticed some thing appeared TO be The
matter with IT. He also stated that he
always took great care to supply mis- large
number of customers with good milk.
The jury after being out short time
found the pri. ouer guilty but the case
will go To the appellate court on excep-
tion.
LAW ALLEGED TO BE UNCONSTITUTIONAL.
This afternoon the trial of James Lynch
for falling to comply with an order of
tue board of Aldermen requiring him TO
ccnnect his premises at the corner or
CORTLAND and Penn street with the pub
lie sewer came up There was no dispute
about the order bagiog been properly
issued, but Mr.. Owen, Hho represented
MIR. lynch, claimed that the law under
which the notice was given was uncon-
stltutionaL The case VIII be taken to
the appellate court. The Assistant City
Solicitor represented TIE city.
M'cLosKEY's SUIT AGAIN ON TRIAL.
The seccsid trial OF ;he sui. of Nicholas
NcCloskey against Charles Z. Moies, town
treasurer of Lincoln, was begun In judge
Rodgers'court today. McCloskey claims
he was fadly injured by sailing on the
bridge at Valley Falls in the winter of
1892, and he asks for 5000 damages.
At the pre-, ious trial of he case the jury
fair to agree as TO the liability of tho
town under the testimony in the cr-le.
III. j. Carroll is attorney for he plaintiff
and B@M. Bosworth represented the de-
fendant.
CRIMINAL APPEALS.
The docket of cases i'm which criminal
appeals had bcen taken from district
courts in this county ;yas called In Judg ge
Wil5ur's court this morning. Il number
of persons failed to appear 10 prosecute
their appeals, and their recognizances
were defaulted. A number of cases were
continued until September next, and
Others were disposed of on payment OF
the costs in each case.
Cases in which the agent OF the Society
for the Prevention of Cruelty 10 Animals
is prosecutor will be in order for trial
Thursday next.