The Providence news. (Providence [R.I.]) 1891-1906, 1898-09-20
MILK CASE
IN COURT
Snilb, the Defendant,
Makes a Hard Fight.
BATTLE OVER SAMPLES.
Counsel Objects to Former Inspec-
tors Testimony.
INTERESTING POINTS RAISED.
BATTLE OVER SAMPLES.
INTERESTING POINTS RAISED.

The first of the cases on the city
solicitor of this city docket OF criminal
appeals tried this morning in Judge
Wiiburs court was a milk case. The
complainant was Reuben II. Baker.
chief of police, and the defendant was
William T. Smith OF Johnston, a regis
tered milk dealer, who was accused of
having In his possession. with the pur-
pose of selling the same. milk which
fluid matter and less than II per cent.
OF solid matter.
Former Inspector of Milk Potter tes-
titled that on April 1S 1897. sample
was received from Mr.. Smith. j. w.
Hogan. attorney for the defendant OBJ
jected to the witness going ON to give
an analysis of the milk until the man
who I'm fact took the sample from Smith
was produced.
Judge Wilbur said the complainant
might go on and prove everything from
the witness except the analysis.
Mr. Potter, In reply to questions, said
the sample was collected by a Mr..
Emory. who was appointed by him to
collect samples. Witness i'm cross-ex-
I'm August, 1895, and after the amend
ment to the milk law Mr.. Emory was
appointed collector OF samples. In Au-
gust, 1896, Mr.. Potter admitted he was
reelected, but that there was no re-
appointment of Mr.. Emory.
There was a long cross-examination
as to the relations between Mr.. Potter
claim is that Emory should have been
reappointed every time Mr.. Potter was
reelected: failing TO be reappointed in
validated any action Mr.. Emory might
have taken under the milk law. Mr..
Potter admitted he never reappointed
Mr.. Emory and insisted that he kept
him simply as an employe.
Inspector Emory testified that on
April 13 he saw the defendant on Chest
nut street, near, the corner of South
street, between and 6 o'clock I'm the
morning. Witness said he was ap-
pointed collector of samples in July,
1896. 1880
Assistant City. Solicitor Greenough
was about to ask witness concerning
the taking of sample from Smith,
when Mr.. Hogan objected, saying that
IL should be first shown, as required
by the act providing for the appoint
ment Of a sample Inspector, that he had
qualified for the year during which he
pretended to have taken the samples.
He further argued that the rights of
citizens engaged in this trade should
be protected and the law should be
strictly construed In a case where
power was given an official to invade
individual rights.
Judge Wilbur said that it could not
be meant that no one but collector of
samples could assist in the prosecution
of a man selling poor milk. The col
lector of samples could make a milkman
etc xx1t ha ad in mn o.
no one else could except the inspector
of milk. His honor ruled that Mr..
Emory might testify to the taking of
the sample from the defendant. and Mr..
Hogan took an exception to his honor's
ruling.
After the technical legal points in
volved had been disposed of. Mr.. Hogan
cross-examined the witnesses for the
prosecution I'm great detail as to the
manner in which. milk was analysed by
those connected with the office OF In
spector OF milk. DIR. Davenport of Bos-
ton. an expert chemist, came in for a
very severe examination as to milk
solids and fluids. ..
One of Mr.. Hogan's questions was
into what two great divisions is milk
divided. milk and not milk" was the
reply. mo" said Mr.. Hogan, IT mean
milk" Then the reply was solids and
watery fluids. ~
us there such a thing known to
chemistry as waterv fiuids?" IT have
seen the terms used in print" was DR..
Davenport's reply.
"Where?" asked Mr.. Hogan.
II have seen IL i'm your statute" DR..
Davenport admitted no chemist would
use the term watery fluid. and that the
use OF the term was an anachronism.
Judge Wilbur thought II might be
simply a matter of taste In the use OF
expressions.
Mr.. Hogan. however. argued that the
offence was one I'm the domain Of chem
istry. and the prosecution should be
obliged to prove what they charged.
namely. that the same contained less
than IS pb' cent. OF water fluids and
more than II per cent. Of solids. His
honor let the examination go on.
DIR. Davenport construed the language
for the jury and he intimated that
too minute analysis of milk might tend