THE GLENCORSE SMOKE CASE. 225 



was identical with tliat of the previous observers, and, as before, 

 the cross-examination resolved itself into a discussion of the 

 question whether or not it was possible to distinguish between 

 injurious and harmless root-fungi. 



The evidence of the Rev. Miles Berkeley was taken on com- 

 mission. It followed much the same lines as that of the 

 previous authorities. 



To sum up, the expert botanical evidence put forward on 

 behalf of the respondent may be said to have established the 

 following points : — The mycelia of unknown fungi occurred not 

 infrequently in connection with the roots of many of the trees 

 on the estates, but there was nothing to distinguish these 

 mycelia from those found on the roots of healthy trees in other 

 localities, nor was there any apparent difference between those 

 found on healthy and on unhealthy trees at Glencorse. There 

 was thus no evidence that the fungi forming these mycelia 

 were injurious, and in no instance was any penetration of the 

 internal tissues by these fungi observed, such as would be 

 expected in the case of a genuine parasitic fungus. Further, 

 neither on the roots nor on the other parts of the trees was 

 there any evidence of attack, on any scale, by any recognisable 

 parasitic fungus. Though there was evidence of insect attack 

 in places, yet these attacks were on a small scale, and in- 

 sufficient to account for the observed unhealthy appearance 

 of the trees. The unhealthy appearance was especially due, 

 as already indicated, to the condition of the leaves, which were 

 few in number, and discoloured or otherwise injured, the injury 

 being apparent even in the bud. In the opinion of the experts 

 named, therefore, there was nothing to account for the appear- 

 ance of the trees except the effect of injurious vapours on the 

 leaves and unfolding buds. 



Turning now to the evidence on the appellants' side, we may 

 take first that of Mr Cooke, of Kew. Mr Cooke examined the 

 roots of diseased trees, found fungi on these, and was able to 

 show that penetration by fungi had occurred in the cases 

 examined by him. He gave it as his opinion that the cause 

 of the unhealthy appearance of the plantations was, first, over- 

 crowding, and second, the attacks of root-fungi. It is to be 

 noticed, however, that Mr Cooke examined only the roots of 

 diseased trees. On cross-examination, he admitted that he had 

 no evidence to show that the penetration observed by him 



