The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1915-09-28
DA|RYMAN DRAWS
rceotlnued From paa. on..1

offered ~ an exhibit and specifically
mentioned In the affidavit did or did
not contain dirt. He said Hernavlus
was not being tried for having sold
dirty milk to the states four witnesses.
Then he attempted to convince the
court that the affidavit was faulty In
asmuch as 1t charged that Hernav1us
had offered for sale the bottle OF milk
exhibited, stating that the evidence
conclusively showed that Hernavius
had not attempted to sell this bottle
but had taken 1t to Dairy Inspector
Glen with the request that 1t be ana
lyzed and the dairy 1t was obtained
from inspected.
Hernavius when cross-examined by
Prosecutor Keller, admitted that the
bottle had been taken to tie office Of
Inspector Glenn was among many 9th,
ers he had placed In his delivery wag-
on the morning OF September IL and
that all milk placed In the wagon that
day HAD BEEN FOR SALE.
Eiaborates on Counts.
In his argument the prosecutor
in the affidavit were not confined sole
ly to the one bottle of milk offered
as an exhibit; that it was broadly
charged in the affidavit that on Sep
TENDER II Earl Hernavius had had in
his possession dirty milk for the pur.
pose Of offering 1t for sale.
The prosecutor declared that HERNIA
vius had not been prompted by any
high sense Of duty in taking samples
of dirty milk to the inspector to be
analysed. He said that this action had
been taken by Hernavius after he
learned that certain of his patrons at
the Wayne Works had, the previous
evening, taken q bottle of dirty milk
he had left for one of them, to The
Palladium, which newspaper has been
conducting q crusade for pure milk. He
asserted that the young man was guilty
of carelessness in distributing dirty
milk and deserved punishment. He
also stated that Hernavius had been
straining milk at his depot through a
screen coarser than required by law
and that there was a rent OF consid-
cradle size in this screen the day the
prosecutor inspected it.
Four Men Testify.
Four employees Of the Wayne Works
were the principal witnesses against
Hernavius, Lauren Minor, Clifford
Peters, William Hamilton and Harry
sDallas. They had all been taking milk
from Hernavius to use for their noon
lunch. Each man declared that they
had several times had cause to com
lplain over the quality of the milk Her.
navius had supplied them. Their tes'
;mony, In brief, follows:
Minor-Had taken milk from Her.
enavius at least three months. He saw
dirt In the bottle left for him at the
shop September II. This bottle he re.
turned to Hernavius and received an.
other. Later he found dirt had settled
at the bottom of the second bottle. He
said he had gotten into the habit Of
examining milk because he had in the
past received inferior milk at times.
He said that three other bottles had
been left at the shop by Hernavius for
other workmen on September II. Two
of these bottles had as much dirt in
them as the one exhibited. and the
other was dirtier. He said that twice
before this date he had complained to
Hernavius Of the quality Of the milk
he had received. Once, he said. he
had found a milk ticket in a bottle of
milk.
Dallas Gives Facts.
Dallas-He said that until a few
months ago Earl Hernavius had been
engaged in business with a brother
and that during that time he had had
no cause to complain over the quality
OF milk received On Sept. II, he
said, three or four bottles delivered at
the Wayne Works were returned be.
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