The Birmingham age-herald., 1907-07-18
Duncan TeStifes on Scientific
 Aspect of Case
CITY CODE ALLOWS 50O,0O0
Milk is Considered All Right so Long as Fifteen Drops do not Contain over Half Mill
 lion Bacteria.

most important testimony Tn the case or the city against N. c. Darby, proprietor of the Glen Iris dairy depot, who Is charged with selling milk of an abnormal ly high meteorological count, was heard yesterday afternoon with E. M. Duncan, city milk and meat inspector, on tho stand.
 MT. Duncans testimony presented the scientific side of the case, and it Is be- lieved that 1t will materially strengthen the citys case against MT. Darby. Tho bearing of MT. Duncan's testimony is on the tests which he has made, as the city official in that particular llne of speci- mems of milk which is alleged to have been taken from the cans in the Glen Iris dairy depot.
 When questioned in regard to the mat ter, Mir. Duncan stated that the maxi mum count allowed dispensers of milk, by paragraph of section S5s of the city code, Is 500,0O0 bacteria to the cubic cen timeter, and when questioned as to the magnitude of a centlmeter he stated that cubic centimeter is equal to approxi- mately fifteen drops, or about one-fourth teaspoonful.
 29,920,0o0 In Fifteen Drops.
 MT. Beddow then asked what effect the residue found on the shoulders of the cans, spoken of in tho testimony of G. w, Humphrey, assistant milk inspector, had on tho milk and in reply the witness stated that 1t tended to make decompos- tion of the milk set in and thereby in- crease the number of bacteria. When asked what high meteorological count indicated, he stated that 1t was most like ly indicative of uncleanllness in some de- partment where the milk was handled.
 MT. Beddow then asked the witness If he had made tests of milk from the Glen Iris dairy depot, and he stated that he had made several tests during July. which showed high counts On July 3. MT Dun can said he made a test of the Glen Iris milk and found the meteorological count to be 900000, that is 10000 bacteria over the maximum allowed. On July G. accord ing to the testimony, tests were made of samples of the milk from the dairies of k. A. Berry and Burford & Maxwell, which was being sold at the Glen Iris depot, and the counts showed 6,8O0000 and 23,l20,00O bacteria in the respective samples. On
 July 0 a test was made Of milk being sold at the depot, which was supposed to have come from the dairy of Burford X Max
 well, and the result of the count showed 29, ,920,000 bacteria in cubic centimeter. MT. Duncan, do you know whether or
 not milk Is oneof the most liable agen-
 cies for the spread of diseases?" asked MT Beddow.
 Mir. Duncan replied that he understood that 1t was one of the most dangerous agencies
 MT. Beddow then asked the witness If he could detect the typhus germs in milk, and he replied that he could, adding that no scientist has yet gone on record as be- ing able to positively Identify the typhus germs from any of the others in milk
 Chancellor Carmichael. for the defense, then took the witness
 MT. Duncan, explain to the court how you make theso tests for the detection of
 bacteria in milk" said MT. Carmichael. The witness stated that a solution of sterilized water and the specimen of milk was made, the milk being ono ten-thou- sandth part of the water. He stated that the germs were then developed and count ed under the microscope.
 Cannot Distinguish Typhus. A discussion concerning the different l kinds of germs ensued, and then the ef- | feet of warm weather on milk while IL | is being transported was taken up. MT
 Duncan testified that if the milk became l heated by the sun under the very cleanesi
 circumstances the bacteria would Increase When asked if all of the germs in milk
 were hurtful, MT. Duncan stated thai some of them were absolutely necessary l to the milk, and that high bacterfologi- | cal count was not absolutely conclusive | evidence that the milk was unfit to drink l When asked if he saw the typhus bacteria | in the milk which he tested. MT. Duncan T Is..Nf ,EaI tl.a | typhus from any other germ, and all that he knew was that the count was much | greater than that allowed by the city l code.
 MT. Beddow then asked the witness the | hypothetical question: "If milk was de- l Iivered to the Glen Iris dairy depot, and at the time 1t was delivered the count showed 10000 bacteria and that after putting the milk into MT. Darby's can a | test is made and the count shows a much | higher one than the maximum Of 5o,0OO, what would the matter shown 1 MT. Duncan replied that 1t would tend | to show that Mir Darbys cans were in | an unolean condition.
 The city has amended the affidavit and warrant in the case againstt MT. Darby by annexing the additional count, as fol- | lows:
 "second count-T'he mayor and board of aldermen charges that within twelve | months before the arrest in this case, the | said N. C. Darby did within the city | limits of Birmingham sell milk which con | tained a greater number than 6Go000 bac- | teria per cubic centimeter, in violation of paragraph of section 5s of the city | code"
 The case will be continued this after | noon at 2:30 o'clock.
 l l JUDGE ABERNATHY RETURNS.